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PARKER v. WARD

1910578.

614 So.2d 975 (1992)

Jerry PARKER v. Charles WARD and Commonwealth Land Title Insurance Company.

Supreme Court of Alabama.

As Modified on Denial of Rehearing March 12, 1993.

Attorney(s) appearing for the Case

J.E. Sawyer, Jr., Enterprise, for appellant.

Kenneth T. Fuller of Cassady, Fuller & Marsh, Enterprise, for appellees.

Jeffrey W. Blitz and Jack B. Hinton, Jr. of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, on rehearing, for amicus curiae Lawyers Title Ins. Corp.

John S. Bowman and James A. Byram, Jr. of Balch & Bingham, Montgomery, on rehearing, for amicus curiae First American Title Ins. Co.

SHORES, Justice.

Is a title insurance company liable to its insured for failing to list a recorded timber deed as an exception on a title insurance policy? This is the single issue involved in this appeal. The trial court entered a summary judgment for the defendant, Commonwealth Land Title Insurance Company; Jerry Parker, the plaintiff, appeals. We reverse and remand.

On August 14, 1987, D. Patrick Haney and John P. Russell jointly purchased 589 acres of...

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