Opinion
No. 2013AP537.
2013-12-27
John BOROWSKI, Plaintiff–Appellant, v. STEWART TITLE GUARANTY COMPANY, Defendant–Respondent.
(Emphasis added.) Borowski's counsel then argued that issuing a $3500 check did not meet Stewart Title's obligations under the title insurance policy because it failed to offer the proper diminution of value to Borowski's property due to the Easement; thus, Stewart Title breached the title policy. Stewart Title's counsel also focused on Stewart Title's obligation under the title policy to pay the proper diminution of value, telling the jury during closing arguments that “Stewart Title's only obligation to Mr. Borowski [was] to pay him the difference between the value of the estate as insured and the value of the estate as subject to the driveway easement agreement.” On appeal, Stewart Title asks us to affirm the trial court on those same grounds.