![]() ![]() In an effort to induce New Freedom to purchase title insurance, Lawyers Title issued to New Freedom an indemnification agreement known in the insurance industry as a "closing protection letter" ("CPL"). New Freedom is a residential mortgage lender, whereas Lawyers Title is in the business of issuing title insurance policies to residential home buyers and lenders. LEXIS 562 (July 12, 2007), the first case to be decided by this court: The general facts and circumstances are stated in Lawyers Title Ins. This is one of three appeals between these parties arising from substantially similar facts and issues. A07A1140, New Freedom cross-appeals, challenging the trial court's ruling that the closing protection letter issued to New Freedom by Lawyers Title is not an insurance agreement, and thus preventing New Freedom from seeking recovery of the statutory penalties contained in OCGA ยง 33-4-6 because of Lawyers Title's bad faith denial of New Freedom's claim based upon the closing protection letter. Lawyers Title contends the trial court erred by giving charges on "Causation Plaintiff's sole negligence," "Causation Arising Out of," "Misrepresentation and Concealment," mitigation of damages, and "Confidential Relationship," and by failing to give Lawyers Title's proposed charge on "Causation, Plaintiff's acts, vicarious liability." Lawyers Title also alleges the trial court erred by granting New Freedom's motion to exclude evidence of any contributing cause to New Freedom's loss other than the closing attorney's fraud or dishonesty. A07A1139, Lawyers Title Insurance Corporation ("Lawyers Title") appeals the judgment entered, following a jury *271 verdict, in favor of New Freedom Mortgage Corporation ("New Freedom") for $190,195.30 in compensatory damages, $49,097.49 in prejudgment interest, and $53,685.31 in expenses and attorney fees. Smith, Gambrell & Russell, Thomas McCarty Barton, Aaron Paul Michael Tady, Atlanta, for Appellee. ![]() *270 Nelson, Mullins, Riley & Scarborough, Jeffrey Lyle Mapen, Kenneth Lee Millwood, Atlanta, for Appellant. ![]()
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