Jones

I.

INTRODUCTION

Keith and Patricia Jones bought an undeveloped parcel of land on an unpaved road and built a house on it. The Joneses obtained title insurance for the parcel from Commonwealth Land Title Insurance Company, which provided coverage if the parcel lacked a “right of access.” After the house was nearly completed, the Joneses’ construction company told them that their house was “landlocked,” meaning there was no easement to connect the house to utilities or a public road.

The Joneses made a claim to Commonwealth, which it initially accepted but later denied. The Joneses sued Commonwealth for breach of contract and bad faith. Ina bifurcated trial, the trial court first found that the Joneses’ property lacked legal access when Commonwealth denied their claim. In the second phase of the trial, a jury found that Commonwealth denied the claim in bad faith and awarded the Joneses $1.55 million in damages.

Commonwealth appealed. After we issued a tentative opinion, but before we held oral argument, the parties informed this court that they had reached a settlement. The parties then stipulated to dismissing the appeal with various terms. We exercise our

discretion to…