United States Third Circuit

In a dispute involving land title insurance policy, district court judgment granting title insurer's motion to dismiss is reversed where: 1) the district court erred in granting title insurer's motion to dismiss as, in order to except expressly from ALTA 9 Endorsement coverage a right of refusal or other restrictions noted in paragraph 1(b)(2) of the Endorsement, an insurer must list those restrictions specifically in Schedule B; and 2) title insurer bore the burden of detecting the restrictions stated in the Declaration, and had to list those restrictions explicitly as exceptions to avoid covering loss from them.

Appellate Information

• Argued 01/28/2009
• Decided 08/31/2009
• Published 08/31/2009

Judges

• Before SCIRICA, Chief Judge, AMBRO, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Justin K. Miller, Esquire, C. Paul Scheuritzel, Esquire (Argued), Larsson & Scheuritzel, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Craig R. Blackman, Esquire, Neal R. Troum, Esquire (Argued), Stradley, Ronon, Stevens & Young, Philadelphia, PA, for Appellee.