DREIBELBISS TITLE v. MOREQUITY, INC.

No. 49A04-0602-CV-93.

861 N.E.2d 1218 (2007)

DREIBELBISS TITLE COMPANY, INC., Appellant-Defendant, v. MOREQUITY, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

February 27, 2007.


Attorney(s) appearing for the Case

Dane L. Tubergen, Fort Wayne, IN, Attorney for Appellant.

Gary P. Price, Todd A. Richardson, Lewis & Kappes Indianapolis, IN, Attorneys for Appellee.


OPINION

MAY, Judge.

Dreibelbiss Title Company ("Dreibelbiss") appeals a judgment against it for breach of a title insurance policy it issued to MorEquity ("Lender"), a mortgage lender. The trial court properly found Dreibelbiss failed to insure that Lender's mortgage would be a first lien on the real estate that secured the mortgage, and the damages the court awarded were supported by the evidence. We accordingly affirm.

FACTS

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