Old Republic National Title Insurance v. Darryl J. Panella, LLC
319 Ga. App. 274
| Ga. Ct. App. | 2012Background
- Panella and Panella, LLC entered into an agency agreement with Old Republic to issue title insurance commitments and other documents for real property in Georgia.
- Old Republic later sued Panella for claims tied to multiple title policies issued by Panella.
- Panella moved for partial summary judgment arguing four policies were time-barred under OCGA § 9-3-24 (written contracts).
- The trial court granted partial summary judgment; Old Republic appealed arguing the indemnity provision in the agency agreement tolls or places the claims outside the statute.
- The court held the agency contract contains an indemnity provision and the accrual for indemnity claims governs, reversing the summary judgment and remanding for further proceedings.
- The court noted several other arguments (including res judicata) would be addressed by the trial court on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an indemnity provision exists in the agency contract. | Old Republic argues indemnity tolls 9-3-24. | Panella contends no indemnity provision or the six-year limit applies. | Indemnity provision exists; §9-3-24 applies to indemnity claims. |
| When does the six-year period commence for indemnity claims under the agency agreement? | Accrual begins when indemnity is demanded or paid. | Accrual timing disputed; not enough. | Six-year period begins when the indemnitee pays to settle or satisfy the judgment, not merely at damage discovery. |
Key Cases Cited
- Parker v. Puckett, 129 Ga. App. 265 (1973) (contract language can imply indemnity even without explicit words)
- Saiia Constr. v. Terracon Consultants, 310 Ga. App. 713 (2011) (indemnity period starts when funds are expended to settle or satisfy judgment)
- Newell Recycling of Atlanta v. Jordan Jones and Goulding, Inc., 288 Ga. 236 (2010) (six-year vs four-year limits depending on written agreement for professional services)
- Hamburger v. PFM Capital Mgmt., 286 Ga. App. 382 (2007) (distinguishes six-year indemnity period in written agreements for professional services)
- Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804 (1980) (six-year limitation and contract-based claims on professional services)