Findlay v. Chicago Title Insurance Co.

At issue on appeal was whether a title company’s refusal to defend and indemnify homeowners against an easement claim in a chancy action was a breach of the title company’s contractual duty to defend. The appellate court held that the trial court properly granted summary judgment in favor of the title company on the breach of contract and fraud claims and properly dismissed an additional count in the complaint for being barred by the two-year statute of limitations governing claims for legal malpractice. The appellate court also concluded that the trial court did not abuse its discretion in denying the plaintiff’s requests for additional discovery. (HOFFMAN and ROCHFORD, concurring)