Summary
Patriot Bank’s motion for rehearing asks the First Court of Appeals of Texas to address issues concerning damages for a complete failure of title, valuation under the Texas Department of Insurance’s Manual of Title Insurance, and the date for measuring loss. It also challenges the sufficiency of a later appraisal as a basis for finding a bona fide dispute that would bar Patriot’s insurance bad-faith claims.
Questions Presented
- Whether the measure of damages for a complete failure of title is the same as the measure of damages for breach of the covenants of seisin and good title.
- Whether the Texas Department of Insurance Manual of Title Insurance required the insured property's value to be at least $1.5 million.
- What date should be used to measure Patriot Bank's loss under the title policy.
- Whether First American's reliance on a June 19, 2012 appraisal was legally sufficient to establish a bona fide dispute and bar Patriot Bank's insurance bad-faith claims.
Disposition
other
Cases Cited (11)
- Childress v. Siler, 272 S.W.2d 417 (Tex. Civ. App.—Waco 1954, writ ref'd n.r.e.)(followed)
- Sun Exploration & Production Co. v. Benton, 728 S.W.2d 35 (Tex. 1987)(followed)
- Boatright, 790 S.W.2d at 727(followed)
- Johns, 381 S.W.2d at 936(followed)
- Evans v. Henderson, 460 B.R. 848 (Bankr. S.D. Miss. 2011)(followed)
- Securities Services, Inc. v. Transamerica Title Insurance Co., 583 P.2d 1217 (Wash. 1978)(followed)
- Chicago Title Insurance Co. v. McDaniel, 875 S.W.2d 310 (Tex. 1994)(followed)
- Citicorp Savings of Illinois v. Stewart Title Guaranty Co., 840 F.2d 526 (7th Cir. 1988)(followed)
- Miga v. Jensen, 96 S.W.3d 207 (Tex. 2002)(followed)
- Southern Title Guaranty Co., Inc. v. Prendergast, 494 S.W.2d 154 (Tex. 1973)(followed)
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Cited In (0)
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