Devereux v. Commonwealth Land Title Ins.

By Judge Alfred D. Swersky

This matter is before the Court on Plaintiffs’ motion in limine to establish that the date of Plaintiffs’ loss, if any, is the date when Plaintiffs actually discovered the alleged defect in their title. Defendant argues, in the alternative, that the motion is premature or, if appropriate for decision, that the proper date to measure Plaintiffs’ loss is the date of the purchase of the property. Defendant relies primarily on Title Ins. Co. of Richmond v. Industrial Bank of Richmond, 156 Va. 322, 157 S.E. 710 (1931). Plaintiffs argue that the Industrial Bank case is…