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IZYNSKI v. CHICAGO TITLE INS. CO.

No. 45A04-1106-PL-277.

963 N.E.2d 592 (2012)

Ronald E. IZYNSKI and Linda Izynski, Husband and Wife, and Ronald E. Izynski and Linda Izynski, Successors by Assignment to Charles P. Ashton, and Charles P. Ashton and Frederick M. Cuppy as Co-Trustees of the Joyce W. Ashton Trust, as Amended, Appellants-Plaintiffs, v. CHICAGO TITLE INSURANCE COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

March 7, 2012.

Attorney(s) appearing for the Case

John P. Reed , Jonathan E. Halm , Abrahamson, Reed & Bilse, Hammond, IN, Attorneys for Appellants.

John R. Halstead , Querrey & Harrow, Merrillville, IN, Attorney for Appellee.

OPINION

MAY, Judge.

Ronald and Linda Izynski bought real estate in Porter County from Charles Ashton. The land was burdened with an easement that was publicly recorded but was not indicated on numerous versions of a title commitment issued by Chicago Title Insurance Company (Chicago Title). The Izynskis sued Chicago Title for breach of contract and negligence, and after a bench trial the trial court found for Chicago Title. We reverse and remand.

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