California Court of Appeal December 26, 2002, B151224 (Elysian Investment Group, LLC v. Stewart Title Guaranty Company)

Opinion

NOTT, J.

This case presents the question: Does the recording of a “notice of buildings, structures, or premises classified as either hazardous, substandard or a nuisance” comprise either a “defect in or lien or encumbrance on the title” or an “unmarketability of the title” within the meaning of those terms of coverage in a title insurance policy? The trial court concluded that it did not.