Capital Bank v. Commonwealth Land Title Insurance Co.

OPINION

DUGGAN, Justice.

This is an appeal from the entry of a take-nothing judgment following a nonjury trial in a suit arising from an insurer’s refusal to defend under a title insurance policy.

In its sole point of error, plaintiff/appellant, Capital Bank, formerly known as San Jacinto Bank (Capital), asserts the trial court erred in granting a take-nothing judgment in favor of defendant/appellee, Commonwealth Land Title Insurance Company and its agent, Commonwealth Title Insurance Company of Houston (Commonwealth), “before the plaintiff had an opportunity to present its evidence and rest.”

Cap…