Capcor at KirbyMain, L.L.C. v. Moody National Kirby Houston S, L.L.C D/B/A Moody National Kirby Houston, L.L.P and Moody National Title Company, L.P.

OPINION

MICHAEL MASSENGALE, Justice.

This appeal concerns the fiduciary responsibilities of a title insurer as escrow agent for a commercial real estate transaction. Appellant Capcor at KirbyMain, L.L.C., argues that the escrow agent— appellee Moody National Title Company, L.P.—breached its fiduciary duties by refusing to accept a cashier’s check to close Capcor’s purchase of a tract of unimproved land. Capcor also contends that the trial court erred in refusing a requested jury instruction on material breach of contract by the seller, appellee Moody National Kirby Houston, L.L.P.

Finding no…