First American Title Insurance v. Dahlmann

¶ 1. Petitioner Dennis A. Dahlmann (Dahlmann) seeks review of an unpublished decision of the court of appeals, 1 affirming the circuit court's declaratory judgment in favor of First American Title Insurance Company (First American). The issue before this court is whether an encroachment by an improvement onto adjacent land constitutes a defect or encumbrance in the title of the insured property for the purpose of the title insurance contract at issue in this case.

¶ 2. We reverse the decision of the court of appeals. We hold that a substantial encroachment, created by an improvement onto…