Brick Realty Corp. v. Title Guarantee & Trust Co.

This is an action upon a policy of title insurance, more particularly the following condition thereof: “1. The Title Guarantee and Trust Company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrance prior in date to this policy and thereby insured against.” (Italics mine.)

The thirteenth condition of the policy reads in part as follows: “13. Defects and incumbrances arising after the date of this policy or created, suffered, assumed or agreed to by the insured, and taxes and assessments which have not become a lien up to the date of…