Fidelity National Title Insurance v. Woody Creek Ventures, LLC

MORITZ, Circuit Judge.

This suit requires us to interpret two provisions of a title insurance policy underwritten by Fidelity National Title Insurance Company — one provision insures against unmarketability of title and the other insures against a lack of access to property. The owner of the policy, Woody Creek Ventures, LLC, contends that both provisions covered losses it sustained when it learned, after purchasing two parcels of land, that one parcel lacked permanent access. And although Fidelity obtained a 30-year right-of-way grant to that parcel, Woody Creek maintains Fidelity failed to…