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GREENBERG v. STEWART TITLE GUARANTY CO.

No. 91-0497.

171 Wis.2d 485 (1992)

492 N.W.2d 147

Martin J. GREENBERG, Plaintiff-Appellant, v. STEWART TITLE GUARANTY COMPANY, Defendant, SOUTHEASTERN WISCONSIN TITLE COMPANY, INC., Defendant-Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1992.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in the court of appeals) by Michael S. Polsky, Steven R. Schnoll and Trebon & Polsky, Milwaukee and oral argument by Michael S. Polsky.

For the defendant-respondent there was a brief (in the court of appeals) by David C. Williams and Allen, Harrison, Williams, McDonell & Swatek, Lake Geneva and oral argument by David C. Williams.

Amicus Curiae brief was filed by J. Bushnell Nielsen, Joshua G. Vincent and Hinshaw & Culbertson, Milwaukee for Wisconsin Land Title Association.

WILLIAM A. BABLITCH, J.

The issue presented is whether the issuance of title commitments and subsequently issued title insurance policies give rise in Wisconsin to a tort cause of action against the title insurer and/or its issuing agent separate and apart from the contractual obligations of the title policy. Martin J. Greenberg (Greenberg), the appellant, obtained from Stewart Title Guaranty Company, through its agent, Southeastern Wisconsin Title Company, four owner...

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