13-Mar-18
START DATE
END DATE
Case 14 June 2022
Trott & Duncan Limited vs. Fidelity National Title Insurance Company
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal (Civil Division) Bermuda
Insurance Negligence Contract
The President Sir Christopher Clarke Justice of Appeal Sir Maurice Kay Justice of Appeal Dame Elizabeth Gloster
Mr. Keith Robinson Mr. Kyle Masters of Carey Olson (Bermuda) Limited
Mr. Mark Diel Ms. Katie Tornari of MDM Limited
FACTS OF THE CASE:
Dispute over legal advice given by Trott & Duncan to Fidelity regarding a mortgage's enforceability and COH's capacity to enter a guarantee leading to a negligence claim by Fidelity against Trott & Duncan
SUMMARY:
Enforceability of mortgage and guarantee legal negligence
OUTCOMES:
Appeal allowed trial to proceed after determination of related mortgage action
RULED IN FAVOUR OF:
Case management decision proceeding with negligence action following mortgage action determination
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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