Fernandez v. Old Republic National Title Insurance Company
Insureds sued their title insurer for breach of the policy's duty to defend after the insurer refused to defend a Monroe County suit alleging tortious interference, civil conspiracy to commit fraud, and rescission of the insureds' deed. The Third DCA agreed the tort and conspiracy claims were not covered risks under a title policy, but held the rescission claim directly attacked the marketability of title and that the underlying pleading's conclusory fraud 'buzz words' were insufficient to conclusively establish that the 'created, suffered, assumed, or agreed to by the Insured' exclusion applied. Summary judgment for the insurer was reversed.
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.