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Riordan v. Lawyers Title Insurance Corp. | 393 F.Supp.2d 1100 (2005)
Title insurance protects a property purchaser by insuring against defects in the property’s title. Some policies include coverage for right of access, insuring against an inability to access the covered property. In Riordan versus Lawyers Title Insurance Corporation, we explore whether such provisions cover practical inability to access property or only legal inability to access property.
Guy Riordan, Frances Riordan, Bill Bowen, and Steve Jackson, who we’ll refer to collectively as Riordan, purchased one hundred sixty acres of wilderness near a national forest in New Mexico. The property was two and a half miles away from the nearest paved road and completely surrounded by federally owned land. Access on foot and by horseback was possible using the Piedra Lisa Trail, a route maintained by the United States Forest Service. The seller of the property informed Riordan that he also accessed the property by jeep using an unpaved access route.
After purchasing the property, Riordan filed suit against the United States seeking a declaration of a vehicular right of way for access, and the government contested recognition of such a right of way. While the case was pending, Riordan sold the property, and the case was dismissed as moot.
Riordan sought compensation from Lawyers Title Insurance Corporation based on a title insurance policy acquired when he purchased the property. Among other things, the policy insured against the lack of a right of access and the unmarketability of title. Riordan alleged that the lack of vehicular access to the property triggered those provisions. When the title insurance company refused payment, Riordan sued for breach of contract.
The title insurance company filed a motion for summary judgment in the United States District Court for the District of New Mexico, arguing that the lack of vehicular access didn’t trigger any of the insurance policy’s provisions.
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