Gates v. Chicago Title Insurance Co.

This is a new opinion.

Plaintiff Ollie Gates on January 9, 1978, acquired title by purchase to a 480-acre tract of land in Torrance County, New Mexico. He got a title insurance policy from Chicago Title Insurance Company, the defendant, in the amount of $75,000. The policy insured against loss or damages sustained or incurred by the insured (the plaintiff), “as of the date of the Policy,” by reason of “lack of a right of access to and from the land.”

The jury returned a verdict for Gates in the sum of $50,000, but the trial judge granted judgment n.o.v. in favor of Chicago Title Insurance…