CMEI, INC. v. AMERICAN TITLE INS. CO.

No. 83-117.

447 So.2d 427 (1984)

CMEI, INC., Appellant, v. AMERICAN TITLE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

March 22, 1984.


Attorney(s) appearing for the Case

J. Lester Kaney of Cobb & Cole, P.A., Daytona Beach, for appellant.

John L. O'Donnell, Jr., of DeWolf, Ward & Morris, P.A., Orlando, for appellee.


COWART, Judge.

This case involves the right of an insured mortgagee, who has acquired title to the security property by foreclosure, to recover from a mortgagee title insurer for title defects when the value of the security property with the title defects still exceeds the balance due the mortgagee when it acquired title.

In 1972 appellee title insurance company issued a policy insuring appellant, as mortgagee, against loss or damage not exceeding $1,475,000...

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