Danny Harris Jenkins v. Commonwealth Land Title Insurance Company, a Pennsylvania Corporation Licensed to Do Business in the State of Hawai'i

Danny Harris Jenkins appeals pro se the district court judgment against him in his suit against Commonwealth Land Title Insurance Company involving a dispute over a title insurance policy. The district court dismissed Jenkins’ various claims, some on summary judgment, others under Federal Rule of Civil Procedure 12(b)(6). We have jurisdiction over the appeal under 28 U.S.C. § 1291 and affirm in part and reverse in part.

FACTUAL BACKGROUND AND PROCEEDINGS BELOW

In 1981, Jenkins paid $10,000 for Oahu Tax Map Key Parcel 5-3-4:29 (“Parcel 29”), a portion of a 40-foot-wide former railroad right-of-way that was conveyed to him by a quitclaim deed. A month after the purchase, Commonwealth, through its Hawaiian agent, issued a title insurance policy covering Jenkins’ fee-simple ownership of Parcel 29 and insuring Jenkins against loss or damage up to $10,000.

Jenkins wrote Commonwealth in November 1985 and made a formal claim under the policy. He restated and enclosed a recent title report by Hawaii Escrow & Title, Inc. that showed various potential claims casting doubt on the chain of title to Jenkins’ seller. Jenkins claimed they rendered his title unmarketable and requested that…