Karl v. Commonwealth Land Title Insurance

Opinion

FROEHLICH, J.

C. Robert and Joan Karl (plaintiffs) sued defendant Commonwealth Land Title Insurance Company (insurer), alleging that insurer had wrongfully failed to pay a claim on their title policy, to wit, a tax lien purportedly senior, and hence threatening, to plaintiff’s trust deed. Insurer moved for summary judgment, arguing plaintiffs had not suffered any loss insured by the policy because they had recouped all of their money. The trial court agreed. Following entry of judgment, plaintiffs appealed.

Plaintiffs argue summary judgment was inappropriate. First, they contend that…