Wilmington Plantation v. Fidelity National Title

Wilmington Plantation LLC, the purchaser of property to be used to build condominium units, sued its title insurer, Fidelity National Title Insurance Co., for breach of contract after discovering that the use of the property was restricted by agreements the seller made to condominium unit purchasers before the sale. The developer alleged it had no knowledge of the defect and that Fidelity broke the agreement by not providing title in fee simple. The U.S. District Court for the Middle District of Tennessee had to determine whether Wilmington had, or should have had, knowledge of the defect when ruling on Fidelity’s motion for summary judgment.