Wilmington Plantation, LLC v. Fidelity National Title Insurance Co., 071913 FED6, 12-5787

Docket Nº:12-5787
Opinion Judge:PER CURIAM.
Party Name:WILMINGTON PLANTATION, LLC, Plaintiff-Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant-Appellee.
Judge Panel:Before: SILER, GIBBONS, and GRIFFIN, Circuit Judges.
Case Date:July 19, 2013
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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WILMINGTON PLANTATION, LLC, Plaintiff-Appellant,

v.

FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant-Appellee.

No. 12-5787

United States Court of Appeals, Sixth Circuit

July 19, 2013

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

Before: SILER, GIBBONS, and GRIFFIN, Circuit Judges.

PER CURIAM.

This appeal arises out of a real estate purchase agreement in which Wilmington Plantation ("Wilmington") contracted to purchase 19.846 acres of property ("the Property") in Chatham County, Georgia from William W. Foster, Jr. Wilmington purchased an Owner's Policy of Title Insurance, underwritten by Fidelity National Title Insurance Company ("Fidelity"). Subsequently, Wilmington made a claim under the Title Policy, asserting that it did not acquire fee simple title in the Property. Fidelity denied coverage to Wilmington on the basis that its claims were excepted from coverage. Wilmington then filed suit against Fidelity for breach of contract, equitable estoppel, and bad faith, invoking the district court's diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The district court dismissed the bad faith claim and later granted summary judgment to Fidelity on the breach of contract and equitable estoppel claims. This timely appeal followed.

Wilmington alleges in its complaint that it is a limited liability company, organized and existing in the state of Tennessee, with its principal place of business in Tennessee. The complaint also alleges that Fidelity is a corporation, organized and existing in the state of California, with its principal place of business in the state of Florida. A limited liability company has the citizenship of each of its partners or members. Delay v. Rosenthal Collins Grp., 585 F.3d 1003, 1005 (6th Cir. 2009)...

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