Wade v. Stewart Title Guaranty Co.

Plaintiff filed suit against Defendant, Stewart Title Guaranty Company, alleging breach of contract. The parties contract required Defendant to remove encumbrances on Plaintiff’s title “in a reasonably diligent manner.” Plaintiff alleged, in part, that Defendant’s conduct amounted to a breach of the policy because Defendant pursued time intensive litigation designed to settle the liens for less money, rather than immediately tendering the full-face value of the lien. Following a bench trial, Court found in favor of Defendant. Court properly found in favor of Defendant. Defendant removed all liens within 18 months and the title insurance policy granted Defendant discretion in the manner in which claims are to be resolved.