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Contracts
Breach of Contract
Failure to Disclose, Easement

Bernadette I. Campbell v. Transnation Title Insurance Company

Published: Nov. 15, 2008 | Result Date: Sep. 3, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC374341 Verdict –  $21,707

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael K. Grace

Pamela D. Deitchle


Defendant

Candie Y. Chang

Ryan C. Squire
(Garrett & Tully, P.C.)


Facts

In September 2004, plaintiffs Bernadette L. Campbell and Lindsay M. Craft purchased title insurance from defendant Transnation Title Insurance Company (TTIC) for property in Pacific Palisades. The policy included coverage for losses caused by unrecorded easements. In August 2005, plaintiffs discovered that utility companies had the unrecorded right to place and maintain overhead utility wires across their front lawn to provide utility service to the neighboring house. Plaintiffs submitted a claim to TTIC for losses caused by the unrecorded easement. Despite disputing coverage, TTIC paid plaintiffs $10,000, which was TTIC's appraisal of their losses.

Contentions

PLAINTIFFS' CONTENTIONS:
Campbell and Craft contended that TTIC breached the title insurance contract by failing to pay the full value of their losses, which exceeded $10,000.

DEFENDANT'S CONTENTIONS:
TTIC contended that plaintiffs' losses did not exceed $10,000. However, TTIC offered $25,000 to settle, which plaintiffs rejected.

Damages

Campbell and Craft alleged to have suffered damages in the amount of $240,000.

Result

The jury awarded plaintiffs damages in the amount of $21,707.

Other Information

FILING DATE: July 16, 2007.


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