Mississippi Valley Title Insurance Company v. J. Garrison Thompson
2015 U.S. App. LEXIS 17140
| 11th Cir. | 2015Background
- Mississippi Valley hired Thompson in 2000 as an “attorney agent” to perform title searches and issue title commitments and policies.
- Thompson made two Title-related mistakes: omitting a prior 1997 Marion Bank mortgage in 2001 and failing to except it in 2003, misinsuring first-lien status.
- Mississippi Valley sued Thompson in 2011 for breach of contract and indemnity for losses tied to those mistakes.
- District court held Thompson’s conduct might not constitute legal services, applying ALSLA or principal-agent limits accordingly; Mississippi Valley prevailed on liability at summary judgment.
- The case raised whether Thompson’s unwritten title opinions and pre-policy activities constituted legal services, a question of first impression in Alabama law.
- Eleventh Circuit certified Alabama law questions but Alabama Supreme Court declined to answer; court remanded for factual determination of the parties’ relationship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson provided legal services | Mississippi Valley argues Thompson’s unwritten opinions and attorney-agent duties constitute legal services. | Thompson contends his role does not amount to providing legal services under ALSLA. | Genuine dispute of material fact; cannot determine whether legal services were provided. |
| Whether the relationship was attorney-client or principal-agent | Attorney-agent agreement shows intent for attorney involvement; sufficient for attorney-client status. | Record supports either relationship; parties dispute employment understanding. | Material facts in dispute; summary judgment inappropriate. |
| Whether ALSLA or principal-agent statute of limitations applies | ALSLA applies if legal services were provided, governing four-year limit. | If not legal services, principal-agent limitations apply with later accrual. | Dependent on relationship; court remanded to resolve. |
Key Cases Cited
- Land Title Insurance Co. of Alabama v. State ex rel. Porter, 299 So. 2d 289 (Ala. 1974) (distinguished title commitments from formal title opinions; non-attorney agents may review title records)
- Upton v. Mississippi Valley Title Insurance Co., 469 So.2d 548 (Ala. 1985) (continued distinction between commitments and formal title opinions)
- Hooper, 707 So.2d 209 (Ala. 1997) (approved attorney performing title work/own title opinion constitutes legal services)
- Brackin v. Trimmier Law Firm, 897 So.2d 207 (Ala. 2004) (attorney-client relationship essential for ALSLA claim)