California Court of Appeal

Summary judgment entered in favor of defendant on plaintiff's claim for breach of insurance contract is affirmed, where: 1) upon the voluntary satisfaction or release of the plaintiff's mortgage, condition 10(b) of the insurance contract terminates defendant's liability; 2) plaintiff's 2011 reconveyance of the property, on which plaintiff's 2008 trust deed imposed a valid lien, therefore terminated defendant's liability pursuant to condition 10(b); and 3) the breach of insurance contract claim fails due to exclusion 3(a), which precludes coverage for defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, or agreed to by plaintiff, as plaintiff's agent's conduct in transferring title of the property to a trust was intentional and deliberate, and thus any potential risk of title defect was assumed.

Appellate Information

• Decided 10/28/2014
• Published 10/28/2014

Judges

• Manella

Court

• California Court of Appeal

Counsel