Hicks v. Saboe

555 A.2d 1241, 521 Pa. 380
CourtSupreme Court of Pennsylvania
DecidedMarch 9, 1989
Docket33 and 161 E.D. Appeal Docket, 1988
StatusPublished
Cited by22 cases

This text of 555 A.2d 1241 (Hicks v. Saboe) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hicks v. Saboe, 555 A.2d 1241, 521 Pa. 380 (Pa. 1989).

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

This appeal presents two questions: whether a land title insurance company can be liable directly to a widow whose late husband sold their entireties property by forging her signature on a deed, even though the widow was not insured by the title company; and whether the chancellor erred in holding that the widow's claims for rescission of the deed and reconveyance of the land were barred by laches so that she could not recover from the purchasers of the property. We hold that the land title company’s liability is limited to indemnification of its insured and that direct liability to an uninsured third party is precluded. We also hold that the doctrine of laches does not bar the widow’s recovery of the real estate, as her three and a half year delay in filing suit was not prejudicial to the rights of the purchasers.

The plaintiff-appellee, Nancy Krupa Hicks, formerly Nancy Krupa, entered into a valid common law marriage with Nicholas Krupa in 1940. Two children, George and Shirley Krupa, were born of the marriage. Together; in 1955, Nancy and Nicholas Krupa purchased a residence in Montgomery County, Pennsylvania, taking title as tenants by the entireties. The Krupas separated in 1959; Nicholas remained in the marital domicile with his son George, and Nancy moved to a new residence with her daughter Shirley. Following the separation, Nancy contributed to the house[383]*383hold expenses of her husband and son who remained in the marital domicile.

In 1961, Nicholas forged Nancy’s signature on a deed which conveyed the residence from Nicholas and Nancy Krupa to Nicholas Krupa as sole owner. On April 25,1977, Nicholas Krupa unilaterally sold the property to Joseph and Rita Saboe. Nancy Krupa learned of the forgery on September 6, 1979, as well as the sale to the Saboes. She took no action, however, until 1983.

In the meantime, Nicholas Krupa died in January, 1982. On February 13, 1983, Nancy Krupa Hicks sued the Saboes in equity seeking rescission of the 1977 sale from Nicholas Krupa to the Saboes and reconveyance of the real estate to her. The Saboes joined two additional defendants: the witness to the forged 1961 deed and the notary on the deed. On October 7, 1983, the notary joined appellant, Industrial Valley Title Insurance Company (IVT), as an additional defendant, alleging that IVT negligently cleared the title at the time of the 1977 sale from Nicholas Krupa to the Saboes.

Following trial before the equity chancellor, judgment was entered in favor of the Saboes due to Nancy Krupa Hicks’ delay in bringing suit against them, and judgment in the amount of $24,000 was entered for Mrs. Hicks against IVT due to its negligence in clearing its objections to Nicholas Krupa’s title as grantor of the real estate in 1977. Claims against the remaining parties were dismissed or waived. Both Mrs. Hicks and IVT appealed from the chancellor’s judgments, and a divided panel of the Superior Court affirmed the trial court 365 Pa.Super. 651, 526 A.2d 819. Both parties have appealed from Superior Court.

IVT challenges the award of money damages in favor of Mrs. Hicks, who was not a party to the title insurance contract between IVT and the Saboes, who purchased the property in 1977. It is clear that the award was erroneous and must be reversed.

[384]*384In general, the duty of a title insurance company runs only to its insured, not to third parties who are not party to the contract. The purpose of title insurance is to protect the insured, the buyer, from loss arising from defects in the title which he acquires. See Couch on Insurance 2d § 48:110; Hooper v. Commonwealth Land Title Insurance Co., 285 Pa.Super. 265, 268-69, 427 A.2d 215, 217 (1981).

The chancellor imposed liability on IVT due to negligence in issuing title insurance to the Saboes when IVT knew of no divorce between Nicholas and Nancy Krupa and accepted Nicholas Krupa’s affidavit of “no marriage” to remove its preliminary objection on the title report. The. chancellor held that this negligence was the proximate cause of Mrs. Hicks’ loss of her property or the value thereof.

Assuming arguendo that such actions by IVT constituted negligence, it is not clear that IVT owed a duty to Mrs. Hicks. IVT’s duties in regard to the 1977 sale of the residence stem solely from its contract with the Saboes. Whether its role in the transaction is characterized as that of an insurer, an abstractor, or a conveyancer, its duties nevertheless arise from its contract with the Saboes.

We are urged to base liability on a duty owed by IVT to Mrs. Hicks, who was not a party to the contract. As a non-party, Mrs. Hicks’ rights under the contract are limited to her rights as an intended beneficiary of the contract. Guy v. Liederbach, 501 Pa. 47, 459 A.2d 744 (1983); Restatement (Second) of Contracts §§ 302, 304, 315.

In Guy v. Liederbach, the promisee was a testator; the promisor was an attorney retained to draft his will. The intended third party beneficiary was sole legatee under the will. The entire legacy failed because the legatee witnessed the will, at the attorney’s direction, despite a statute which voided any legacy to a person who has attested a will. It was abundantly clear that the testator intended to confer a benefit directly upon his legatee when he retained the attorney to prepare the will. In that context, this Court recognized a limited exception to the general rule that [385]*385negligence in the performance of an undertaking by a professional creates liability only to the promisee. Following the principles set forth in the Restatement (Second) of Contracts, the Court permitted a restricted cause of action for an intended third party beneficiary who was not in privity with the professional whose malpractice harmed the beneficiary. It was critical that the beneficiary was an intended beneficiary, that is, one intended by the promisee to receive the benefit of the promised performance. Restatement § 302(l)(b). The Guy case was a clear example of such a beneficiary.

There is no indication of a similar intent on the part of the Saboes to benefit Mrs. Hicks. They contracted for title insurance to protect themselves, not to benefit anyone else. Thus the exception of Guy v. Liederbach, supra, does not apply in this case, and there is no basis in Pennsylvania law for Mrs. Hicks to maintain an action against IVT when she was not in privity with the title company. We therefore vacate the judgment entered for Mrs. Hicks against IVT.

Mrs. Hicks, as cross-appellant, challenges the holding that laches barred her claim against the Saboes for the reconveyance of the real estate. The chancellor held that Mrs. Hicks’ delay from September 6, 1979, when she learned of the forgery, until February 13, 1983, when she filed suit against the Saboes, brought into play the doctrine of laches to bar any recovery against the innocent purchasers.

In Siegel v. Engstrom, 427 Pa. 381, 386, 235 A.2d 365, 368 (1967), this Court set forth the requisites for the doctrine of laches:

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Bluebook (online)
555 A.2d 1241, 521 Pa. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-saboe-pa-1989.