North Fork Land & Cattle, Lllp v. First American Title Insurance Company

KITE, Justice, Ret.

[¶1] North Fork Land & Cattle, LLLP (North Eork) appeals from the district court's order granting summary judgment in favor of First American Title Insurance Company (First 'American). The district court ruled that North Fork was not an insured under title insurance policies issued by First American to North Fork's predecessors and, therefore, was not entitled to assert claims for damages resulting from an undisclosed encumbrance on the properties.

[¶2] We conclude the district court did not apply the appropnate test to determine the meaning of the insurance contract, and,…