Mortensen v. Stewart Title Guaranty Co.

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED APRIL 26, 2010 IS HEREBY WITHDRAWN.

W. JONES, Justice.

I. Nature of the Case

Vernon J. Mortensen appeals the district court’s decision granting summary judgment to Stewart Title Guaranty Company in his action for breach of contract and intentional infliction of emotional distress. Mortensen claims that he is entitled to relief for Stewart Title Guaranty Company’s failure to defend the appeal in his suit to secure an easement running over ah access road to his property.

II. Factual and Procedural Background

Vernon J. Mortensen, appellant, owns a…