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CHICAGO TITLE INS. CO. v. HUNTINGTON NATL. BANK

No. 98-2102.

87 Ohio St.3d 270 (1999)

CHICAGO TITLE INSURANCE COMPANY, APPELLEE AND CROSS-APPELLANT, v. THE HUNTINGTON NATIONAL BANK, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided December 8, 1999.

Attorney(s) appearing for the Case

Anthony M. Heald; Thompson, Hine & Flory LLP, Brett K. Bacon, Douglas L. Hertlein and Scott A. Campbell, for appellee and cross-appellant.

Schottenstein, Zox & Dunn, John P. Gilligan and Daniel M. Anderson; and Jody Michelle Oster, for appellant and cross-appellee.

Jeffrey D. Quayle, urging reversal in part for amicus curiae, Ohio Bankers Association.

Peter C. Dietze and Conrad R. Lattes, pro hac vice, urging affirmance for amicus curiae, American Land Title Association.

LUNDBERG STRATTON, J.

The issues before us are the correct measure of damages under a mortgagee's title insurance policy when security fails due to an undiscovered, prior lien, whether a mortgagee has an obligation to bid on the subject property at the foreclosure sale in an effort to mitigate its damages, and the validity of HNB's tort claims for failure to discover the lien.

For the reasons that follow, we reverse the judgment of the court of appeals in...

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