California Court of Appeal

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Lee v. Fid. Nat'l Title Ins. Co., A124730

In plaintiffs' suit against their insurer for refusing coverage under a title policy, trial court's grant of defendant's motion for summary judgment is reversed where: 1) defendant was not entitled to summary judgment on the causes of action for breach of contract, bad faith, or declaratory relief based on the evidence that APN 22 is located outside the land as legally described in the title policy; 2) trial court erred in granting summary judgment on the breach of contract cause of action based on the statute of limitations; and 3) the summary judgment on the escrow negligence count cannot be sustained on the alternative ground defendant offers that it did not act as the escrow agent when the plaintiffs purchased their property.

Appellate Information

  • Decided 09/16/2010
  • Published 09/16/2010

Judges

  • Marchiano

Court

  • California Court of Appeal

Counsel

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