Legal Opinion · Dissent

Doble v. Lincoln County Title Co.

Montana Supreme Court

Decided January 4, 1985No. 84-215Published

1Dissent

MR. JUSTICE GARY, District Judge, sitting in place of MR. JUSTICE SHEEHY,

dissenting:

I dissent from the above-opinion and would affirm the trial court, with certain modifications. In the majority opinion the facts are very well stated but I would take issue with the majority opinion requiring expert testimony and the question of refused instruction No. 37 and 39 offered by Lincoln County Title Company.

On the question of expert testimony, the facts show the Plaintiffs *8obtained a title commitment from the Defendant Lincoln County Title which commitment was issued by Lincoln County Title as agent…

2Cases cited4 opinions

  1. Jarchow v. Transamerica Title InsuranceCalifornia Court of Appeal · 1975
  2. Shahrokhfar v. State Farm Mutual Automobile InsuranceMontana Supreme Court · 1981
  3. Malinak v. Safeco Title Ins. Co. of IdahoMontana Supreme Court · 1983
  4. General Insurance Co. of America v. Town Pump, Inc.Montana Supreme Court · 1984

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