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FIDELITY NAT. TITLE INS. CO. v. MUSSMAN

No. 64A03-0905-CV-204.

930 N.E.2d 1160 (2010)

FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, Appellant-Defendant, v. Rhys MUSSMAN and Sally Mussman, husband and wife, Appellees-Plaintiffs.

Court of Appeals of Indiana.

July 14, 2010.

Attorney(s) appearing for the Case

Scott J. Fandre, Carl A. Greci, Baker & Daniels LLP, South Bend, IN, Attorneys for Appellant.

Tara K. Tauber, David W. Westland, Tauber Westland & Bennett P.C., Schererville, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Fidelity National Title Insurance Company ("Fidelity") appeals from the trial court's grant of summary judgment in the amount of $1.6 million in favor of Rhys and Sally Mussman ("the Mussmans") on the Mussmans' complaint alleging conversion of funds held in an escrow account by Intercounty Title Company ("ITC"). The question presented is whether ITC was acting as Fidelity's agent when it provided closing...

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