M & F Bank v. First American Title Insurance Company First American Title Insurance Company v. M & F Bank

Summary

The court affirmed summary judgments for both parties in consolidated appeals arising from a title-insurance dispute involving a mortgage that described nonexistent lot 95. It held that the complete policy included the jacket and its conditions, that those conditions barred negligence claims and allowed FATIC to cure the title defect, and that FATIC’s actions made the mortgage valid and the title marketable. It also held that M & F could not be liable on FATIC’s counterclaims for abuse of process, conspiracy, negligence, or breach of the policy’s cooperation clause.