Waterview Associates, Inc. v. Lawyers Title Ins. Corp.

This case requires construction of an exclusionary provision in a contract of title insurance. Schedule B of plaintiff insured’s policy carries an indorsement which excludes from coverage loss or damage by reason of:

“any matters which would be disclosed by an accurate survey and inspection of the premises.”

This is the so-called “correct survey” exclusion from coverage frequently found in policies of title insurance. See generally, 9 Appleman, Insurance Law & Practice (1970 Cum Supp), § 5209(a), p 11; 45 CJS, Insurance, § 882, p 949. It is on the basis of such an exclusion that the trial court…