Metropolitan Life Insurance v. Union Trust Co.

Plaintiff sues for a breach of provision in each of a number of pohcies of title insurance issued in September, 1929. After service of answer, defendant title company had summary judgment dismissing the complaint under rule 113 of the Rules of Civil Practice.

Taking the text of the pohcies in provision most favorable to plaintiff, they insured against “ defects in, incumbrances upon or hens or charges against the title of the mortgagors or grantors to premises described in the mortgage or trust deed ” existing at or prior to the date of the pohcy “ and not excepted under Schedule ‘ B.’ ” This…