Legal Opinion

Inavest Enterprises v. TRW Title Insurance of New York, Inc.

New York Supreme Court

Decided June 19, 1991PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Joan B. Lefkowitz, J.

This case presents the interesting question whether the plaintiff insured’s agreement with its vendor to "pay all arrears in taxes” falls within the exclusionary language of the title insurance policy as "liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the *403insured.” While there are several cases that discuss such items not covered by the title policy, the parties point to no authority on the precise question presented and extensive research has not located a decision directly in point.

The plaintiff, a…

2Cases cited18 opinions

  1. L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
  2. Caceci v. Di Canio Construction Corp.New York Court of Appeals · 1988
  3. Empire Development Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1918
  4. First National Bank & Trust Co. v. New York Title InsuranceNew York Supreme Court · 1939
  5. Arizona Title Insurance & Trust Company v. SmithCourt of Appeals of Arizona · 1974

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3Cited by1 opinion

  1. Ben-Avraham v. Lawyers Title InsuranceNew York Supreme Court · 2004

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