American Title Insurance v. Lacelaw Corp.

BOOCHEVER, Circuit Judge:

OVERVIEW

Plaintiff, American Title Insurance Company (American) appeals the district court’s judgment in favor of defendant Lacelaw, dba Charter Title, (Charter). At the conclusion of a bench trial the district court found that American failed to prove by a preponderance of the evidence that Charter breached its agency agreement by relying on a Trustee’s Sale Guarantee (TSG) as a basis for title. In its trial brief, Charter’s attorneys stated that “Charter had used an earlier Trustee’s Sale Guarantee as a starter.” American claims the district court erred by not…