AC37869 - Chicago Title Ins. Co. v. Accurate Title Searches, Inc. (Negligence; "This is an action by the plaintiff, Chicago Title Insurance Company (Chicago Title), to recover damages from the defendant, Accurate Title Searches, Inc., for losses allegedly incurred by Ticor Title Insurance Company (Ticor Title), another title insurer with which the plaintiff later merged, due to the defendant's negligence in performing a title search as to a parcel of real property in Hartford (property). This is an action by the plaintiff, Chicago Title Insurance Company (Chicago Title), to recover damages from the defendant, Accurate Title Searches, Inc., for losses allegedly incurred by Ticor Title Insurance Company (Ticor Title), another title insurer with which the plaintiff later merged, due to the defendant's negligence in performing a title search as to a parcel of real property in Hartford (property)...."

"On the record before us, we agree with the trial court, Bright, J., that the plaintiff’s claim sounds in negligence, not in common-law identification, and thus that the defendant’s arguments as to what proof is required to prevail on a claim for indemnification are inapplicable to this case. On the other hand, we disagree with the trial court, Wiese, J., that the plaintiff’s claim for damages to compensate it for the attorney’s fees and expenses it incurred to defend its insured in prior litigation is barred in this action by the American rule. Accordingly, although we reverse the court’s judgment denying the plaintiff's claim for compensatory damages in the amount of its prior attorney's fees and expenses and remand this case for further proceedings on that claim, we affirm the court’s judgment in all other respects.")