Doss & Associates v. First American Title Insurance

I concur fully in all but Divisions 3 and 4.1 respectfully dissent in Division 3 and concur in the judgment only in Division 4.1 would hold, as to Division 3, that the title insurance company, First American, has no liability on the subject claim and, as to Division 4, that the insurance company is consequently entitled to summary judgment on the attorney fees claim against it.

The issue that divides us is the construction and application of Section 7 (a) of the policy, which sets out the extent of the insurer’s liability on the subject claim. To paraphrase Section 7 (a), it sets that…