Bear Creek Planning Committee v. Title Insurance & Trust Co.

In yet another chapter of this fertile field of litigation, a new party emerges as the appellant on the vital issue of who is going to pay what and to whom. Defendant Title Insurance and Trust Company, our new party, appeals from a judgment ordering it to indemnify plaintiff Bear Creek Planning Committee for damages assessed against plaintiff in the prior slander of title action by interveners Ernest and Jewel Riley. Defendant contends: (1) the court erred in not awarding indemnity on a comparative fault basis; (2) in any event it cannot be liable for indemnification as it was not a joint tortfeasor in the underlying slander of title action, in which plaintiff was an active participant in the wrong; (3) the court erred in awarding plaintiff attorney fees incurred in defending the slander of title action and in prosecuting the present indemnity action; and (4) the court erred in awarding plaintiff prejudgment interest for the period preceding entry of the slander of title judgment. Interveners cross-appeal, contending they are entitled to an award of attorney fees. We shall affirm in part and reverse in part.

Facts

Plaintiff Bear Creek Planning Committee is an…