# Clements v. MISSISSIPPI VALLEY TITLE INS.

> Supreme Court of Alabama · December 18, 1992 · 612 So. 2d 1172

URL: https://www.frixlaw.com/law-library/cases/9933559

## Case

- **Full name:** Miles T. Clements, Jr., and Mary S. Clements v. Mississippi Valley Title Insurance Company and Richard Chesnut.
- **Court:** Supreme Court of Alabama
- **Decided:** December 18, 1992
- **Citations:** 612 So. 2d 1172; 1992 WL 371472
- **Precedential status:** Published
- **Opinion:** Dissent by Shores
- **Judges:** Maddox, Shores
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9933559

## Opinion text

Under these facts, I believe Mississippi Valley Title Insurance Company, through its agent, Richard Chesnut, had a duty to disclose to the Clementses that there were materialmen who had not been paid (a fact known to Chesnut, who was the agent of Mississippi Valley), and that the policy Chesnut was issuing to the Clementses contained a provision excluding coverage of those claims. I also believe that Chesnut had a duty to inform the Clementses that the policy he was issuing to AmSouth Mortgage Company on behalf of Mississippi Valley did not contain that exclusion.
This Court has traditionally recognized a duty to disclose where one party has some *Page 1177
particular knowledge or experience not shared by the opposite party. Lucas v. Hodges , 589 So.2d 154 (Ala. 1991).
At the closing here, everybody in the room, except the Clementses, knew that there were outstanding debts owed by the seller to subcontractors, and knew that the Clementses would be liable for liens filed against the property after the closing, but failed to tell them that the policy about to be issued would exclude coverage for those very liens. Mississippi Valley and its attorney agent had a duty to disclose those facts. Stafford v. Mississippi Valley Title Insurance Co. , 569 So.2d 720 (Ala. 1990).
HORNSBY, C.J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933559. Public record. Not legal advice.