Wilkinson Homes, Inc. v. Stewart Title Guaranty Co.

SMITH, Presiding Judge.

When Mark and Patricia Conard bought a house from Wilkinson Homes, Inc., they purchased an owner’s title insurance policy from Stewart Title Guaranty Company. Later, after an adjoining landowner asserted an adverse ownership interest in a portion of the Conards’ property, Stewart Title paid $40,000 purportedly to resolve that claim. Stewart Title then filed suit against Wilkinson Homes and its president, individually, to recover damages for breach of warranty of title and attorney fees. On motions for summary judgment filed by both sides, the trial court found Wilkinson…