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Title dispute leads to appellate reversal

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The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.

In Ronald E. Izynski and Linda Izynski v. Chicago Title Insurance Co., No. 45A04-1006-PL-277, the appellate court analyzed a contract dispute arising from a land ownership deal in 2003.
 
Ronald and Linda Izynski bought real estate in Porter County from Charles Ashton, and that property had a 50-foot easement that was publicly recorded but wasn’t reflected in multiple versions of a title commitment issued by Chicago Title Insurance Co. After the Izynskis learned about the easement and bought the property at a reduced price, they sued Chicago Title for breach of contract and negligence. But after a bench trial, the judge found in the title company’s favor.

The appellate panel found the trial court erred by finding the Izynskis were in contractual privity with Chicago Title because of the preliminary title and final policy issued. The trial court found that because Chicago Title and the Izynskis had a contract, no tort claim of negligent misrepresentation was available and they’re left with only contractual remedies. That was an error, the appellate panel determined, because Chicago Title had issued the title documentation to the owner the Izynskis bought the property from and the company didn’t actually have a contract with the Izynskis.

Chicago Title aruged the Izynskis had no breach of contract action because when they agreed to purchase the property, all versions of the title commitment had been issued to prospective buyer McLane and not to the Izynskis. It also argued the Izynskis have no tort remedy because they were in contractual privity with Chicago Title.

“Chicago Title cannot have it both ways,” wrote Judge Melissa May. “As we find there was no privity when the Izynskis agreed to buy the property, we remand for a determination whether the Izynskis have an action for negligent misrepresentation.”

The appellate panel also found the trial court erred in finding that mention of a previous easement from 1972 serves as notice for the 1979 easement at issue.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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