LAWYERS TITLE INS. CO., INC. v. NOVASTAR MORTG., INC.

Nos. 4D02-3039, 4D02-4684.

862 So.2d 793 (2003)

LAWYERS TITLE INSURANCE COMPANY, INC., Appellant, v. NOVASTAR MORTGAGE, INC., d/b/a Novastar Mortgage, Austin W. Mills, III, Mary Mills, Aurora Loan Services, Inc., and Option One Mortgage Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 28, 2004.


Attorney(s) appearing for the Case

Robert A. Cohen and Mario M. Ruiz of Cohen/Fox, P.A., Miami, for appellant.

Gregg W. McClosky and David J. Pascuzzi of McClosky, D'Anna, Ioannou & Dieterle, LLP, Boca Raton, for appellee Novastar Mortgage, Inc., d/b/a Novastar Mortgage.


ANDREWS, ROBERT LANCE, Associate Judge.

Lawyers Title Insurance Company appeals a final judgment allowing policy coverage for NovaStar Mortgage, Inc. ("Novastar").1

Novastar is a nonconforming wholesale mortgage lender that buys and sells mortgage loans from challenged credit borrowers. Novastar had a mortgage warehousing arrangement with Netwide Funding Corp. ("Netwide"),2 whereby Novastar extended...

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