Fifth Third Mortgage Company v. Chicago Title Insurance Company, No. 1:2010cv00183 - Document 42 (S.D. Ohio 2010)

Court Description: ORDER granting 21 Motion for Summary Judgment: Plaintiff is entitled to: Summary Judgment on its breach of contract claim (Count I); Summary judgment on its declaratory judgment claim (Count II); Summary Judgment on its bad faith claim (Count III) : Summary judgment against Defendant's rescission claim (Count I of the Counterclaim); Summary judgment against Defendant's declaratory claim (Count II of the Counterclaim); and pusuant to the express language of the Policy, Defendant is hereby ORDERED to defend Plaintiff in the Warren County Action and indemnify Plaintiff from any losses it suffers in connection with the Buford Loan. Signed by Judge Timothy S. Black on 12/17/10. (lk1)