Cooper v. Commonwealth Land Title Insurance

*541WARREN, J.

Plaintiffs brought this action to recover costs and attorney fees from their title insurance carrier, contending that defendants breached the contract by refusing to defend a counterclaim asserted against plaintiffs’ earlier action for trespass. The trial court granted defendants’ motion to dismiss the amended complaint for failure to state ultimate facts sufficient to constitute a claim for relief, and plaintiffs appeal from the resulting judgment. We reverse and remand for further proceedings.

In September, 1979, plaintiffs filed an action for trespass against their neighbors,…