Legal Opinion

L. Smirlock Realty Corp. v. Title Guarantee Co.

New York Court of Appeals

Decided February 19, 1981PublishedCited by 66 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

This appeal presents a question of first impression for our court. At issue is whether a policy of title insurance will be rendered void pursuant to a standard misrepresentation clause found therein as a result of the insured’s failure to disclose a material fact which was a matter of public record at the time the policy was issued.

In.November, 1967, the Town of Hempstead condemned and thereby acquired title to certain property on and adjacent to the premises known as 31-39 Carvel Place, which is located in Inwood, Long Island. At that time, the premises were…

2Cases cited13 opinions

  1. Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
  2. Fohn v. Title Insurance Corp. of St. LouisSupreme Court of Missouri · 1975
  3. Travelers Insurance v. PomerantzNew York Court of Appeals · 1927
  4. Vander Veer v. Continental Casualty Co.New York Court of Appeals · 1974
  5. Empire Development Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1918

8 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Walker Rogge, Inc. v. Chelsea Title & Guaranty Co.Supreme Court of New Jersey · 1989
  2. Maurillo v. Park Slope U-HaulAppellate Division of the Supreme Court of the State of New York · 1993
  3. The Mutual Benefit Life Insurance Company v. Jmr Electronics Corp.Court of Appeals for the Second Circuit · 1988
  4. Apollo Technologies Corp. v. Centrosphere Industrial Corp.District Court, D. New Jersey · 1992
  5. Donald Vella v. The Equitable Life Assurance Society of the United States and the Equitable Group and Life Insurance Co.Court of Appeals for the Second Circuit · 1989

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