Lawyer Commentary Mondaq United States Georgia Court Of Appeals Affirms Summary Judgment For Title Insurer In Agreement Not To Sue Case

Georgia Court Of Appeals Affirms Summary Judgment For Title Insurer In Agreement Not To Sue Case

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The Georgia Court of Appeals recently affirmed summary judgment for a title insurance company in a dispute regarding an easement's beneficiaries, holding that the insured released any claims against the title insurer and could not bring a later suit, even for claims assigned to it by another party. See ALR Oglethorpe, LLC v. Fid. Nat'l Title Ins. Co., 863 S.E.2d 568 (Ga. Ct. App. 2021). In the dispute, which involved many lawsuits over many years, ALR Oglethorpe ("ALR") purchased parcels of property with the intention of creating a mixed-use development. ALR's law firm, Coleman Talley, asked the title insurance company to prepare a title commitment for the properties...

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