Title insurance company is not responsible for expenses arising out of trespass claim
Carlton Dean owned property in Leelanau County that he had insured through Fidelity National Title Company. A dispute arose between Dean and a contiguous neighbor, arising out of Dean's use of an abandoned road over the neighbor's property. The neighbor sued for trespass and Dean sued Fidelity to provide him with a defense. The neighbors worked out their differences, but without the cooperation of Fidelity. The Court ultimately ruled that Fidelity's title insurance contract did not protect against liability arising out of road right-of-way at issue.