100 Investment Ltd. P'ship v. Columbia Town Ctr. Title
Annotate this CaseIn 1982, two elderly widows (the Millers) sold land to one party. Four years later, the Millers purported to sell the same land to Petitioner (the Partnership). The Partnership engaged two title companies (the Title Companies) to complete the title work, and the Title Companies failed to locate and report the Millers' first land sale. Chicago Title Insurance Company (Chicago Title) underwrote the insurance policies on the land. These transactions led to numerous lawsuits. At issue in this appeal was (1) whether a title company owes a duty of care when conducting a title search; and (2) whether a title insurance company may be held vicariously liable as a result of the title company's negligent title search. The Court of Appeals held (1) the Title Companies owed a duty of care to the Partnership in conducting the title search and issuing the title commitment; and (2) under the circumstances, Chicago Title may not be held vicariously liable for the Title Companies' negligence.
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