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Keywords

contracttortplaintiffdamagestrialverdictpunitive damages

contractsettlementtortdamagesverdict

Related Cases

Stewart Title Guar. Co. v. American Abstract & Title Co., 363 Ark. 530, 215 S.W.3d 596

Facts

American Abstract & Title Company, a title insurance agent, filed a complaint against Stewart Title Guaranty Company, alleging tortious interference with business expectancy. The complaint detailed various alleged kickback schemes and improper marketing practices by Stewart Title that harmed American Abstract's business relationships with real estate companies. The jury found in favor of American Abstract, awarding it $500,000 in compensatory and punitive damages.

On August 27, 2003, Abstract filed a second amended and substituted complaint, alleging that Guaranty and STAR engaged in interference with business expectancy in violation of the Arkansas Unfair Practices Act, codified at Ark.Code Ann. § 4–75–201 et seq. (Repl.2001), Article 2, Section 19 of the Arkansas Constitution, and the Real Estate Settlement Procedures Act, codified at 12 U.S.C. § 2617(a) (1994).

Issue

Did Stewart Title Guaranty Company tortiously interfere with American Abstract & Title Company's business expectancy?

Rule

To establish a claim of tortious interference with business expectancy, a plaintiff must prove: (1) the existence of a valid contractual relationship or a business expectancy; (2) knowledge of the relationship or expectancy on the part of the interfering party; (3) intentional interference inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the party whose relationship or expectancy has been disrupted.

To establish a claim of tortious interference with business expectancy, Abstract must prove: (1) the existence of a valid contractual relationship or a business expectancy; (2) knowledge of the relationship or expectancy on the part of the interfering party; (3) intentional interference inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the party whose relationship or expectancy has been disrupted.

Analysis

The court found that there was substantial evidence supporting the jury's verdict that American Abstract had a valid business expectancy and that Stewart Title knowingly interfered with that expectancy through improper marketing practices. Testimonies from various witnesses illustrated the long-standing relationships American Abstract had with real estate companies and how Stewart Title's actions disrupted those relationships, leading to financial harm.

Conclusion

The Supreme Court affirmed the jury's verdict in favor of American Abstract, concluding that the evidence supported the claims of tortious interference and the awarded damages.

Who won?

American Abstract & Title Company prevailed in the case because the jury found that Stewart Title Guaranty Company's actions constituted tortious interference with its business expectancy, supported by substantial evidence presented at trial.

American Abstract & Title Company prevailed in the case because the jury found that Stewart Title Guaranty Company's actions constituted tortious interference with its business expectancy.

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