Ninth Circuit: Dennis Munden v. Stewart Title Guaranty Co.


Since the roadmaps were created under a state statute and designed, at least in part, to give owners in property notice of extant interests in their property, the road map is a public record for the purposes of the title insurance contract, and the insurers had a duty to defend the landowner against the otherwise unrecorded state road easement and right of way.

Policy exclusion for claims arising from public interests in roads applies to bar the claim, since the state is asserting such an interest, and the policy owner is opposing it.

One deft to pay the plaintiff's costs, and the plaintiff to pay the prevailing deft's costs.


https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/13/20-35336.pdf