Wedgewood Homes, Inc. v. Southern Title Ins.

By JUDGE WILLIAM H. LEDBETTER, JR.

The question presented is whether the plaintiff, an owner-developer of land, can maintain an action against a title insurer, under the facts alleged here, based on a policy of title insurance issued to the plaintiff’s lender.

Because the case is before the court on demurrer, the facts are not in dispute at this stage of the proceeding. It is well settled that when ruling on a demurrer, the court assumes the truth of all facts properly pleaded and all reasonable inferences that can be drawn from the allegations. Grossman v. Saunders, 237 Va. 113 (1989). The…