Summary 2008 WY 31

Summary of Decision issued March 20, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Haines v. Old Rep. Nat’l Title Ins. Co.

Citation: 2008 WY 31

Docket Number: 06-147

Appeal from the District Court of Natrona County, the Honorable Gary P. Hartman, Judge

Representing Appellant (Plaintiff): Gibson Sean Benham, Casper, Wyoming.

Representing Appellee (Defendant): Keith R. Nachbar of Keith R. Nachbar, PC, Casper, Wyoming.

Facts/Discussion: Haines asked the Court to decide for the first time whether a title insurance policy that insures legal access requires the insurer to affirmatively obtain a recorded easement or right of access or compensate the insured for the lack of recorded access rights. The trial court granted summary judgment to Old Republic holding that Haines was not entitled to either remedy because she had access to her property and had suffered no loss entitling her to compensation under the policy.
Haines contended that as a matter of law, an insurer’s failure to remedy a title defect or compensate for the insured’s having to establish the right of access under these circumstances breaches the title insurance policy. The Court found in the instant case that the insurer had adequately established that the alleged marketability or other title problems did not really exist and thus Haines could not suffer any loss or damages, and the Court affirmed the grant of summary judgment.

Holding: Haines had two other methods of access and presented no evidence that these were not legally enforceable. Only defects shown in the public record relating to a legal right of access are covered under the policy.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/2rqbdx .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]