22 Fla. L. Weekly Supp. 1025a
Online Reference: FLWSUPP 2209CONTInsurance — Title — Action by property owner against title insurer for compensation for easement given to county in exchange for action curing undisclosed title defect and diminution in property value during 2½ year process of curing defect — Damages — Plaintiff is entitled to compensation from insurer for having to provide easement as condition of county vacating recorded plat not disclosed in title policy — Coverage — Summary judgment on issue of coverage is entered in favor of plaintiff where insurer has admitted in pleadings and elsewhere that title claim is covered under policy — Recently raised defense that plat was in fact extinguished under Marketable Record Title Act and did not encumber title cannot be used by insurer to avoid coverage where insurer did not pursue judicial action or get court order under MRTA determining that plat was not title defect, and defect has been cured by non-judicial action implemented by insurer — Further, insurer cannot deny coverage where it opted to resolve claim by petitioning county to vacate plat and demanded that plaintiff cooperate with plat vacation process, and plaintiff was prejudiced as result of insurer’s handling of claim — Under title policy, plaintiff’s actual loss and damages due to undisclosed plat is limited to diminution in market value of property and amount necessary to remove encumbrance — Upon showing that insurer failed to act diligently in curing title defect, failure constitutes separate breach of policy for which plaintiff’s damages would not be limited to actual loss caused by encumbrance but to actual loss caused by delay in cure, up to policy limits
