Chicago Title Insurance v. Kumar

By its action in the Land Court, the plaintiff sought: (1) a determination pursuant to G. L. c. 185, § 1 (k), that there is no cloud on, or unmarketability of, the defendant’s title to a parcel of land in Chelmsford; and (2) a declaration pursuant to G. L. c. 231 A, § 1, that a policy of title insurance issued by the plaintiff to the defendant does not afford coverage against a claim arising out of a previous grantor’s failure to record a notice as required by the Massachusetts Hazardous Waste Management Act, G. L. c. 21C, § 7. A judge of the Land Court determined, on cross-motions for…