United General Title Insurance Co. v. Amerititle, Inc.

847 N.E.2d 848, 365 Ill. App. 3d 142, 301 Ill. Dec. 838, 2006 Ill. App. LEXIS 249
CourtAppellate Court of Illinois
DecidedMarch 31, 2006
Docket1-05-1874 Rel
StatusPublished
Cited by15 cases

This text of 847 N.E.2d 848 (United General Title Insurance Co. v. Amerititle, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United General Title Insurance Co. v. Amerititle, Inc., 847 N.E.2d 848, 365 Ill. App. 3d 142, 301 Ill. Dec. 838, 2006 Ill. App. LEXIS 249 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE GALLAGHER

delivered the opinion of the court:

AmeriTitle petitioned this court for review pursuant to Illinois Supreme Court Rule 308(a) (155 AMERITITLE, INC.. 2d R. 308), which this court granted on August 9, 2005. We are requested to answer the following two certified questions:

“1. In an action where the plaintiff, a title insurance underwriter, claims that the defendant, a title insurance agent, breached its contractual obligation to indemnify the plaintiff, and seeks indemnification for its alleged costs, pursuant to the terms of a written ‘Title Policy Issuing Agreement’ entered into by and between the parties, does the two-year statute of limitation set forth in Section 13 — 204(a) of the Code applicable to all actions for contribution or indemnity apply and preempt all other statutes of limitation (735 ILCS 5/13 — 204(a) and (c) (2004)), or does the ten-year statute of limitation on written contracts set forth in Section 13 — 206 of the Code (735 ILCS 5/13 — 206 (2004)) apply?
2. In an action by the plaintiff, a title insurance underwriter, against the defendant, a title insurance agent, for breach of a written ‘Title Policy Issuing Agreement’ (Agreement) as a result of a claim made on a loan policy issued by the defendant pursuant to that Agreement, does the two-year statute of limitation set forth in Section 13 — 214.4 of the Code (735 ILCS 5/13 — 214.4 (2004)) applicable to ‘[a]ll causes of action brought by any person or entity under any statute or any legal or equitable theory against an insurance producer . . . concerning the sale, placement [or] procurement . . . of . . . any policy of insurance’ apply and preempt all other statutes of limitation, or does the ten-year statute of limitation on written contracts set forth in Section 13 — 206 of the Code (735 ILCS 5/13 — 206 (2004)) apply?”

For the reasons stated below, we answer the certified questions as follows:

1. The two-year statute of limitations set forth in sections 13— 204(a) and (c) of the Code of Civil Procedure (735 ILCS 5/13— 204(a), (c) (West 2004)), applicable to all causes of action for contribution or indemnity, applies and preempts all other statutes of limitation in this instant matter where a title insurance underwriter claims that a title insurance agent breached its contractual obligation of indemnification to the insurance underwriter.
2. The two-year statute of limitations set forth in section 13— 214.4 (735 ILCS 5/13 — 214.4 (West 2004)), applicable to all causes of action brought by any entity against an insurance producer concerning the sale, placement or procurement of any insurance policy applies, in this instant matter and preempts all other statutes of limitation where a title insurance underwriter brings a cause of action against a title insurance agent resulting from a claim made on a loan policy issued by the insurance underwriter.

The following facts are relevant to this appeal and are taken from United General Title Insurance Company’s (United General) verified complaint. United General’s business consists of underwriting title insurance, which includes the insurance of mortgage holders’ liens and title of owners relating to Illinois real estate. AmeriTitle is a title insurance agent in the business of originating and processing title insurance commitments. On March 13, 1997, United General and AmeriTitle entered into a “Title Policy Issuing Agreement” (Agreement), which allowed AmeriTitle to solicit applications for title insurance and to issue insurance commitments.

On or around March 23, 1998, AmeriTitle accepted an application for a commitment for a loan policy of insurance from Washington Mutual Bank, F.A. (Washington Mutual), to insure the priority and enforceability of a mortgage securing a note granted in favor of Washington Mutual in the amount of $77,250. On March 23, 1998, AmeriTitle, as agent for United General, issued a loan policy for the benefit of Washington Mutual insuring that title to the real estate encumbered by the insured mortgage was in the name of Josephine Czech and insuring that Washington Mutual’s mortgage was the first mortgage lien on the property.

Washington Mutual filed a claim against the loan policy on March 17, 2000, because contrary to what the loan policy insured, a land trust held title to the underlying property instead of Czech. As a result of this error, Washington Mutual did not have a proper, enforceable lien on the property. United General accepted Washington Mutual’s claim brought under its policy with United General. Based on the delinquent loan Washington Mutual made, United General prosecuted a foreclosure action against Czech individually, claiming that the mortgage documents constituted an equitable mortgage.

During the foreclosure proceedings, it was discovered that the land trust executed a mortgage in favor of American Family Financial Services, Inc. (American Family), that predated the insured loan to Washington Mutual. The American Family mortgage was recorded in public records, but AmeriTitle failed to disclose it on the issued loan policy. As a result, on October 24, 2001, United General purchased the American Family loan in the amount of $13,946.11. United General also paid $13,363.81 to resolve the title issues to ensure Washington Mutual received an enforceable mortgage lien on the property.

Washington Mutual and Czech entered into a modification agreement that resolved all of the issues raised under the loan policy resulting in the dismissal of the litigation on May 20, 2002. After the litigation with Czech terminated, United General demanded reimbursement and indemnification in the amount of $32,290.61 from AmeriTitle for the fees and expenses expended relating to the title claim made by Washington Mutual. AmeriTitle did not pay United General the requested money.

On September 22, 2004, United General filed a verified complaint based on a breach of contract claim against AmeriTitle. On February 2, 2005, AmeriTitle filed a motion to dismiss United General’s verified complaint pursuant to sections 2 — 619(a)(5) and (a)(9) of the Illinois Code of Civil Procedure claiming that United General’s complaint was time-barred under sections 13 — 204, relating to actions for indemnity, and 13 — 214.4, relating to actions brought against insurance producers. United General responded to the motion to dismiss on March 10, 2005, contending that its complaint was timely filed pursuant to the statute of limitations set forth in section 13 — 206, relating to written contracts. The trial court denied without prejudice AmeriTitle’s motion to dismiss on April 15, 2005, and further directed AmeriTitle to prepare a statement pursuant to Illinois Supreme Court Rule 308(a). On May 31, 2005, the trial court entered the agreed statement of questions of law pursuant to Rule 308(a). The trial court certified the following two questions:

“1.

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Bluebook (online)
847 N.E.2d 848, 365 Ill. App. 3d 142, 301 Ill. Dec. 838, 2006 Ill. App. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-general-title-insurance-co-v-amerititle-inc-illappct-2006.