Shotwell v. Transamerica Title Insurance

*171Wright, C.J.

(dissenting) — I dissent in part from the views of the majority. I take the view the words "Except right of way for existing roads" means exactly what it says. The majority says correctly that in case of an ambiguity the policy of title insurance (as with any insurance policy) shall be construed in favor of the insured. I do not agree, however, that any ambiguity exists, except possibly as to the approximately 200 feet beyond the existing road. As to that 200 feet, I am willing to accept the view of the majority.

As to the distance upon which a road actually existed, that is…