Belden v. Chicago Title Insurance

958 S.W.2d 54, 1997 Mo. App. LEXIS 1943
CourtMissouri Court of Appeals
DecidedNovember 11, 1997
DocketNos. 71491, 71492
StatusPublished
Cited by5 cases

This text of 958 S.W.2d 54 (Belden v. Chicago Title Insurance) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belden v. Chicago Title Insurance, 958 S.W.2d 54, 1997 Mo. App. LEXIS 1943 (Mo. Ct. App. 1997).

Opinion

PUDLOWSKI, Judge.

Condominium purchasers and title insurance carrier cross appeal following a jury verdict awarding damages to purchasers based on their breach of contract and negligence claims. We affirm the judgment with respect to the award of the breach of contract claims and the award of damages to Plaintiff Kock. We reverse and remand for a determination of breach of contract damages with regard to Plaintiffs Dimberger and Gallagher. Due to another trial involving the same land development and title insurance carrier, we have granted Respondents request for an expedited decision in this appeal with the belief that this decision may provide guidance and conserve judicial economy in the pending case.

Plaintiffs all purchased one or more units in a hotel condominium complex at the Lake of the Ozarks originally named Breckenridge on the Lake, now known as Marina Bay Condominiums. In return for Plaintiffs’ investment, each owned individual condominium unit(s) in fee simple as well as an undivided interest as tenants in common of the common elements in the complex. Chicago Title Insurance Company (Insurer) issued title insurance to all Plaintiffs in its capacity as an insurance company or through its authorized agent, Phillips, McElyea, Walker & Carpenter Corporation (PMWC). These title insurance policies insured Plaintiffs would [56]*56have physical access to the complex and insured their titles against unmarketability.

At the time Plaintiffs purchased and insured their units, the condominium declaration included an area known as the Old Recreation Building in the common area of the complex. However, at the time the Old Recreation Building was included in the declaration, the developer did not own the property on which it was located. The developer acquired title to the Old Recreation Building in December 1980. Subsequently, the developer attempted to withdraw the Old Recreation Building from the declaration. It was conveyed several times and, eventually, its title ended in the hands of an entity known as BOTL Management in 1987. When developer amended the declaration, the developer failed to obtain written consent of the existing unit owners as required by the declaration for withdrawal of common elements.

In 1988, the Master Condominium Association (MCA), unit owners who manage Breckenridge on the Lake, retained the services of an attorney in order to investigate several problems at Breekenridge on the Lake and to sever its relationship with the developer. The attorney performed a title search which discovered the Old Recreation Building was improperly withdrawn. MCA also discovered that the developer failed to obtain consent needed to exchange some property owned by the developer upon which additional units were built, not all owners within the development had legal access to all areas of the development, and a portion of the development was built on Old Zebra Road, a public road which was not completely vacated.

Plaintiffs initiated this suit against Insurer seeking recovery based on breach of contract and negligence due to their unmarketable titles within the development. Plaintiffs sought to recover damages based upon the difference between the fair market value of the property with unmarketable title and the fair market value of the same property with marketable title.

Following a jury trial, the trial court sustained Insurer’s motion for a directed verdict with respect to Plaintiffs Gallagher and Dirn-berger’s breach of contract claim in that they conveyed their property prior to trial. Upon submission of the ease, the damage instruction for all Plaintiffs was identical. The instruction measured damages as the difference between the fair market value of the property with and without the title defects. The jury returned its verdict and judgment was entered for ten plaintiffs on their breach of contract claims. The jury’s damage awards varied from $36,000 to $168,504. It also awarded damages to Gallagher and Dimberger on their negligence claim, and Plaintiff Koek on alternative theories of breach of contract and negligence. The trial court overruled Insurer’s post-trial motions for new trial, for remittitur, for election of remedies, to reopen the case for admission of newly discovered evidence, or for judgments notwithstanding the verdicts. Insurer appeals the judgment and Plaintiffs cross appeal the directed verdict against Gallagher and Dimberger.1

We find this Court’s recent opinion, Aboussie v. Chicago Title Ins. Co., 949 S.W.2d 207 (Mo.App. E.D.1997), to be controlling in the instant action and we, therefore, follow its reasoning. Insurer claims the trial court erred in: (1) duplicative recovery in a single damage award, (2) refusing to grant a directed verdict against a property owner with uninsurable interest in the land, (3) refusing to submit its counterclaims for declaratory judgment, (4) submitting negligence claims, (5) denying its motion for directed verdict with respect to encroachment upon a public road, and (6) refusing instructions based upon a prior adverse determination. We have reviewed these assertions and find them to be without merit. An extended opinion would have no precedential value and hence, these points are denied pursuant to Rule 84.16(b).2 Further points of error are elucidated below.

[57]*57Insurer claims the trial court erred in refusing to admit into evidence correspondence between the parties’ attorneys. Insurer claimed the correspondence constituted an affirmative defense, thereby causing the trial court to improperly deny its directed verdict.3 The trial court may admit or exclude evidence within its sound discretion. First National Bank v. Kansas City Southern Railway Co., 865 S.W.2d 719 (Mo.App. W.D. 1998). We decline to reverse its decision unless there is a substantial or glaring injustice. Id. Hence, we look to see whether the trial court abused its discretion in the exclusion of the evidence, not whether the evidence was admissible. Woodiel v. Barclay Enterprises, Inc., 858 S.W.2d 247 (Mo.App. S.D.1993).

The trial court specifically stated it did not admit the group of letters because it would be inappropriate for the jury to read letters between counsel. The court allowed Insurer to elicit the substance of the information contained in the letters from testimony of witnesses at trial. There was no error in excluding the letters.

In cases involving a common question of law or fact, the court may exercise its discretion by consolidating the actions. Rule 66.01(b). It is appropriate to consolidate so as to avoid piecemeal litigation when it is reasonably possible. State ex rel. Keeling v. Randall, 386 S.W.2d 67, 68 (Mo. banc 1964) (emphasis added). The trial court’s decision will stand unless Insurer can show the trial court abused its discretion. State ex rel. Webster v. Lehndorff Geneva, 744 S.W.2d 801 (Mo. banc 1988).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sims v. Burlington Northern & Santa Fe Railway
111 S.W.3d 454 (Missouri Court of Appeals, 2003)
Frank v. Sandy Rothschild & Associates, Inc.
4 S.W.3d 602 (Missouri Court of Appeals, 1999)
Moss v. Home Depot USA, Inc.
988 S.W.2d 627 (Missouri Court of Appeals, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
958 S.W.2d 54, 1997 Mo. App. LEXIS 1943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belden-v-chicago-title-insurance-moctapp-1997.