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WHITLOCK v. STEWART TITLE GUAR. CO.

No. 27169.

399 S.C. 610 (2012)

732 S.E.2d 626

Joetta P. WHITLOCK, Trustee of the Joetta P. Whitlock Trust, Plaintiff, v. STEWART TITLE GUARANTY COMPANY, Defendant.

Supreme Court of South Carolina.

Decided September 12, 2012.

Rehearing Denied October 17, 2012.

Attorney(s) appearing for the Case

Gene M. Connell, Jr. , of Kelaher, Connell & Connor, of Surfside Beach, and Courtney Connell Landsverk , of Simpsonville, for Plaintiff.

Louis H. Lang and Demetri K. Koutrakos of Callison Tighe & Robinson, of Columbia, for Defendants.

Justice KITTREDGE.

We certified the following question from the United States District Court for the District of South Carolina:

In the case of a partial failure of title which is covered by an owner's title insurance policy, where the title defect cannot be removed, should the actual loss suffered by the insured as a result of that partial failure of title be measured by the diminution in value of the insured property as a result of the title defect as of...

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