Fidelity National Title Ins. v. Butler CA3
Plaintiff Fidelity National Title Insurance Company (Fidelity) sought a declaration that it had no duty under a title insurance policy to defend or indemnify defendants William R. Butler and his wife Peggy L. Butler in a quiet title action brought by the Butlers’ neighbor because the Butlers had previously conveyed their interest in the disputed property to a third party thereby terminating any coverage that may have existed under the policy. The trial court issued the requested declaration after finding that the Butlers “failed to provide admissible evidence controverting a loss of coverage under the provisions of the title policy by [their] conveyance of [their] interest in [their] insured property, other than to claim, without authority, that retention of an easement was sufficient to keep the terms of the policy in effect.” We shall affirm the judgment.
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