Michelle Popiel v. Commonwealth Land Title Ins.

U.S. Court of Appeals for the Eleventh Circuit
Michelle Popiel v. Commonwealth Land Title Ins., 218 F. App'x 910 (11th Cir. 2007)

Michelle Popiel v. Commonwealth Land Title Ins.

Opinion

PER CURIAM:

This is an appeal from the district court’s grant of summary judgment in favor of defendant Commonwealth Land Title Insurance Company (“Commonwealth”). The facts of the case are adequately set forth in the district court’s order granting summary judgment filed on September 29, 2006.

*911 We review a district court’s grant of summary judgment de novo applying the same legal standards as the district court. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1117 (11th Cir. 1993).

After reviewing the record and reading the parties’ briefs, we conclude that the district court correctly granted summary judgment in favor of Commonwealth. Although the district court determined that at the time Sinkwieh entered into a contract to purchase the property, title to the property was marketable because liens against the property had been satisfied, we need not resolve that issue to affirm the grant of summary judgment. Even if we assume, arguendo, that title to the property was found unmarketable, appellants would not be able to recover under the terms of the Commonwealth policy because their own actions caused the loss. According to the exclusions contained in the policy, “risks that are created, allowed, or agreed to by the policy owner” are excluded from coverage. Accordingly, we affirm the district court’s grant of summary judgment in favor of Commonwealth.

AFFIRMED.

Reference

Full Case Name
Michelle POPIEL, Janie S. Manning, Plaintiffs-Appellants, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Defendant-Appellee
Status
Unpublished