A CLTA policy also covers a limited number of off-record risks. See Legarra, supra, 35 Cal. Plaintiffs contend the governmental regulation and police power exclusions included in policies 1 and 3 are inapplicable. Comments Characters Remaining. Construction of Language in Insurance Policies The insuring clauses of an insurance policy define and limit coverage. Hansen and Steven M. In , General Star issued a comprehensive general liability insurance policy to Prometheus.
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Lick Mill Creek Apartments v. Chicago Title Insurance Co
A place you can be yourself and retreat from the stress of the day. The Law Of Nuisance. With shopping, restaurants, entertainment and so much more. Plaintiffs reason that because any transfer of contaminated land carries with it the responsiblity for cleanup costs, liability for such costs constitutes an "encumbrance on title" and is covered. I care most about. In South Shore Bank v. It involves the issuance of an insurance policy promising that if the state of the title is other than as represented on the face of the policy, and if the insured suffers loss as a result of the difference, the insurer will reimburse the insured for that loss and any related legal expenses, up to the face amount of the policy.
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Description: Like the San Francisco Bay Lifestyle? The presence of hazardous material may affect the market value of the defendant's land, but, on the present record [since no lien had been recorded], it does not affect the title to the land. We first note that the American Title court interpreted "encumbrance" as any right to or interest in land, not the condition of the land itself. Chicago Title Insurance Co. Marketability of Title  Plaintiffs first contend the policies in the instant case expressly insured that title to the subject property was marketable and, since the presence of hazardous substances on the property impaired its marketability, defendants were obliged to pay cleanup costs.