Insurance – negligence — title commitments

Wisconsin Court of Appeals

Civil

Insurance – negligence — title commitments

Community Credit Union appeals a summary judgment dismissing its claims against AmeriTitle & Abstract, Inc. and First American Title Insurance Company. Community Credit sued AmeriTitle and First American after being denied access by adjacent landowners to a parcel it had foreclosed upon. Against AmeriTitle, Community Credit sought damages for alleged negligence in drafting a title commitment that included a temporary access easement in the property’s legal description. Community Credit also sought coverage for lack of access to the property under the title policy issued by First American.

We conclude the circuit court properly granted summary judgment to AmeriTitle and First American. Because the easement passed by law to subsequent property owners, AmeriTitle was not negligent in including the easement in its title commitment. The easement would have provided Community Credit access as of the date of the title policy, which is all First American insured. Accordingly, we affirm. This opinion will not be published.

2011AP2294 Community Credit Union v. AmeriTitle & Abstract Inc., et al.

Dist III, Forest County, Stenz, J., Per Curiam

Attorneys: For Appellant: Addis, Phillip J., La Crosse; For Respondent: Kennedy, Robert A., Jr., Crandon; Schiek, John H., Rhinelander; Wiesneske, Lawrence J., Rhinelander