Recent Title Insurance Case: Survey & Legal Description Exceptions

Posted by on May 12, 2017 in News

Recent Title Insurance Case: Survey & Legal Description Exceptions

Tom Olson and Katie Wahlberg recently won a decision by the Minnesota Court of Appeals in favor of a national title insurance company confirming the company’s insurance coverage determination in response to a tender of defense of a boundary dispute between two landowners. The title policy in question contained a survey exception and an exception based on the fact that the insured land was described with an acreage description, not a metes and bounds legal description. The Court of Appeals ruled for the first time in Minnesota that the survey exception from title insurance coverage is applicable to exclude coverage where an accurate survey would have disclosed the location of a later disputed boundary line. Olson and Wahlberg also defended against Appellant’s arguments based on the reasonable expectation doctrine and illusory coverage doctrine, both of which were rejected by the Court of Appeals.