California Court of Appeal

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First Am. Title Ins. Co. v. XWarehouse Lending Corp., A119931

In an action by an insurer seeking a declaration that plaintiff had no duty under its title insurance policies to defend or indemnify defendant, judgment for plaintiff is affirmed where defendant was not an insured under the policy because it was not a successor in ownership of the mortgage at issue.

Appellate Information

  • Decided 08/28/2009
  • Published 08/28/2009

Judges

  • McGUINESS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Gordon & Rees, LLP, Kevin W. Alexander, Kimberly D. Howatt and Benjamin T. Morton, San Diego, for Plaintiff and Appellant., Leland Chan, San Francisco, for California Bankers Association as Amicus Curiae on behalf of Plaintiff and Appellant., Musick, Peeler & Garrett LLP, Barry D. Hovis and Walter J.R. Traver, San Francisco, for Gateway Bank, FSB as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • McDonough Holland & Allen, Michael T. Fogarty, Sacramento, for Defendant and Respondent.
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