Frederick and Sandra Dunmore v. Chicago Title Insurance Company, 400 S.W.3d 635

July 30, 2001, Dunmores agreed to purchase Lots 8 and 9 from Long; Chicago Title was escrow agent and insured Lot 9 only.
Deed 1 and related documents referenced only Lot 9; Deed of Trust 1 encumbered Lot 9; taxes were paid/escrowed for Lot 9.
January 25, 2003, Deed of Trust 2 referenced Lot 9 and was filed April 11, 2003.
October 16, 2009 taxing authorities sued Long for delinquent taxes on Lot 8; Dunmores and Long became parties/cross-claimants against Chicago Title.
Warranty Deed 2 executed July 16, 2010 to include Lot 8, filed December 30, 2010; Chicago Title reimbursed Long’s attorney’s fees; cross-claim against Chicago Title filed January–March 2011.
Trial court granted summary judgment for Chicago Title on limitations; final judgment in rem against Lot 8 issued; Dunmores appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment on limitations was proper.	Dunmores argued extended limitations via correction deed and discovery rule tolling.	Chicago Title argued accrual from August 24, 2001, and no tolling.	Limitations valid; accrual on August 24, 2001; discovery rule not applicable.
Whether the discovery rule tolled accrual for the claims.	Dunmores contend fiduciary duty prevented discovery of injury until Warranty Deed 2 filed (Dec. 30, 2010).	Chicago Title contends discovery occurred at or before 2001 closing; no tolling.	Discovery rule did not toll accrual; injury not inherently undiscoverable.
Whether final judgment describing appellants as in rem was proper or waived.	Dunmores argue error in final judgment describing them as defendants in rem.	Appellants failed to provide adequate argument or authority; waived issue.	Appellants waived this issue; judgment affirmed on other grounds.

Murphy v. Campbell, 964 S.W.2d 265 (Tex. 1997) (legal-injury rule applies to accrual)
Stine v. Stewart, 80 S.W.3d 586 (Tex. 2002) (contract accrues on breach; four-year limit applies)
Pollard v. Hanschen, 315 S.W.3d 636 (Tex. App.—Dallas 2010) (four-year limitations for contract and fiduciary claims)
Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194 (Tex. 2011) (general accrual rules; discovery-related tolling considerations)
Proulx v. Wells, 235 S.W.3d 213 (Tex. 2007) (negligence accrual; per curiam)
KPMG Peat Marwick v. Harrison Cnty. Hous. Fin. Corp., 988 S.W.2d 746 (Tex. 1999) (limitations(burden to prove accrual and negate discovery))
Shell Oil Co. v. Ross, 356 S.W.3d 924 (Tex. 2011) (discovery rule applicability; inherently undiscoverable injury)
Altai, Ltd. v. Horwood, 918 S.W.2d 453 (Tex. 1996) (fiduciary-duty discovery considerations; inherently undiscoverable injuries)
S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996) (fiduciary-duty breach accrual; undiscoverable injuries)
First City Mortg. Co. v. Gillis, 694 S.W.2d 144 (Tex. App.—Houston [14th Dist.] 1985) (signing agreements; knowledge of terms and legal effect)
Heath Ins. Brokers of Tex., L.P. v. Wells, 235 S.W.3d 376 (Tex. App.—Dallas 2007) (discovery rule in broker/insured context)