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Oct 022012

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Insurance against the results of a title defect is not the same as insurance against a loan loss or the value of collateral. As recorded, the documents lacked a property description. Summary judgment must be affirmed if it is sustainable on any legal ground in the record.

Amzak


Amzak stopped receiving payments from WFA, which breached a covenant in the parties credit agreement. Accordingly, the court affirmed the judgment of the district court. The court explained that the lender would not have extended [the loan] on the basis of a voidable mortgage and that STG breached the policy s guarantee of the mortgage s enforceability.

Amzak

Amzak

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Reader Comments

  1. Amzak s mortgage was to be junior to the State but senior to Tembec through a subordination agreement.

  2. The previously described events do not add up to loss from the title defect. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by [Amzak] who has suffered loss or damage by reason of matters insured against by this policy.

  3. The scope of a title insurer s liability is properly defined by contract. Amzak formally put WFA in default in October

  4. Its claims were grounded in breach of contract under the title policy against STG and in negligence against all defendants.

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