Back to top
Join us on LinkedIn Follow us on Twitter Like us on Facebook Follow us on Instagram
 
  OCTOBER RESEARCH STORE SUBSCRIBE LOG IN
AddControlToContainer_DynamicNavigation3
The Legal Description > News > Insured transfers property, expects coverage for restrictive easement claim

Insured transfers property, expects coverage for restrictive easement claim

Email A Friend Printer Friendly Version
0 comments
Court Report
Monday, February 6, 2012
Exclusive

A company that owned unimproved land in Florence Ariz. discovered a restrictive easement on its property after transferring the property to its wholly owned limited liability company and filed a claim with its title company to cover its loss. When the title company denied its claim, the insured sued. The case eventually made its way to the 9th U.S. Circuit Court of Appeals.

The case is Londen Land Co. LLC v. Title Resources Guaranty Co. (9th U.S. Circuit Court of Appeals, No. 10-16917).

On Jan. 7, 2010, Londen Land Co. LLC filed suit against Title Resources Guaranty Co., (TRGC) alleging one count of breach of contract for TRGC’s failure to pay the diminution in value to approximately 142.23 acres of unimproved real property located northwest of the northwest corner of Hoghway 79 and the Hunt Highway in Florence, Ariz., as a result of a restrictive easement, recorded in favor of Salt River Project, which encumbered approximately 2.64 acres of the property.

TRGC filed a motion for summary judgment on Jan. 26, 2010, asserting that it was only contractually obligated to cover losses in accordance with the terms and conditions set forth in the title insurance policy and that at the time Londen made its claims under the policy, it was not afforded any coverage. On Aug. 3, 2010, the U.S. District Court for the District of Arizona granted TRGC’s motion for summary judgment.  

Thereafter, Londen appealed both the motion for summary judgment as well as the court’s denial of the company’s motion for relief from judgment.  

The 9th U.S. Circuit Court of Appeals affirmed the trial court’s decision, finding that Londen’s title insurance terminated because Londen did not retain an estate or interest in the land, as the term is used in Londen’s policy.

“When Londen conveyed the land to its wholly owned limited liability company, Florence Ventures LLC, Londen’s policy terminated because Londen conveyed the entirety of its estate or interest,” the court stated. “Londen did not raise a genuine issue of fact under the reasonable expectations doctrine because the evidence submitted does not show that TRGC had reason to believe that Londen would not have assented policy if Londen had known of the continuation of coverage provision.

“Londen also failed to raise a genuine issue of fact as to whether there was a non-written agreement between Londen and Florence that amounted to a general warranty deed, which would have allowed coverage to continue under the policy,” the court continued. “Londen’s supporting declaration is conclusory, and the clear language of the special warranty deed does not support a conclusion that there was an agreement that the property was actually conveyed with a general warranty deed.”

The court said that Londen’s argument that the district court erred by not ordering Florence to be substituted as the real party in interest lacks merit because the district court entered summary judgment on the merits.

Today's other top stories
‘How I Would Hack Your Title Agency’ talk illuminates modern cyber threat landscape
Tennessee legislature amends state’s Home Equity Conversion Mortgage Act
Rhode Island considers updates to regulations governing real estate brokers
Partner Engineering debuts 2026 Guide to ALTA/NSPS Land Title Surveys
More than 20 individuals, companies indicted in vast Manhattan deed theft conspiracy


COMMENT BOX DISCLAIMER:
October Research is not responsible for the comments posted on its websites by readers. We will do our best to remove comments that include profanity or personal attacks or other inappropriate comments.
Comments:

Be the first to leave a comment.

Leave your comment
Please enter a comment.
CAPTCHA Validation
CAPTCHA
Code:
Please enter the word displayed in the image above. Please enter the word displayed in the image above.
: 
Please enter your name.
: 
Please enter your email address.
This field must contain a valid email address.
Your Email is for reporting purposes only. It will NOT be displayed.
Popularity:
This article has been viewed 703 times.
News by Topic   News by Edition   Reports   Events   Subscribe
Court Report
Cybersecurity
Excess Equity
Industry News
Legislative Developments
Regulatory Updates
Remote Online Notarization
The Blotter
The TRID Journey
 
April 27, 2026
May 11, 2026
May 25, 2026
June 8, 2026
Archives
 
Housing Inventory Solutions
2026 State of the Industry
Adapting to NAR Settlement's New Realities
Real Estate Compliance Outlook
2025 Title Technology
Cybersecurity Today
eClosing Security
Attorney State Perspectives
Archives
 
 
National Settlement Services Summit (NS3)
Women's Leadership Summit (WLS)
Webinars
 
Newsletter Subscriptions
Free Email Updates
Try a Free Edition
  About   Library   Other Publications  
 
The Legal Description
Contact / Editors
Advertise
Request a Media Kit
Social Media
Are You An Expert?
Subscriber Agreement
 
Blog - Tuesdays with Mary
Cybersecurity Central
Court Cases
Legislation
Podcast - Keys to Real Estate
Regulations
RON Resource Center
State AG Enforcement
 
The Title Report
RESPA News
Dodd Frank Update
 
                 
Copyright © 2000-2026 The Legal Description
An October Research, LLC publication
3046 Brecksville Road, Suite D, Richfield, OH 44286
(330) 659-6101, All Rights Reserved
www.thelegaldescription.com | Privacy Policy
VISIT OUR OTHER WEBSITES
> The Title Report
> RESPA News
> Dodd Frank Update
> NS3 The Summit
> Women's Leadership Summit
> October Research, LLC
> The October Store


Loading... Loading...
Featuring:
  • Delivery 3X a week plus breaking news as it happens
  • Comprehensive title insurance industry news
  • Recent acquisitions, mergers, real estate stats
  • Exclusive in-depth coverage of the industry's hottest stories
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Comprehensive Dodd-Frank coverage
  • The latest information from the CFPB
  • Full coverage of Congressional hearings
  • Updates on all agency actions
  • Analysis of controversial provisions
  • Release of newest studies and reports
Sign up today and...
  • Be one of the first to know where NS3 is being held
  • Learn about NS3 speakers and sessions
  • Save on registration with Super-Early Bird rates
  • Discover the networking opportunities NS3 offers
  • Find out if CE credits will be offered for your area
  • And much more
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Preview the latest RESPAnews.com Top Story
  • RESPA related headline news
  • Quote of the Week
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Legal, regulatory and legislative information impacting the settlement services industry
  • News from HUD, Congress, state legislatures and other regulatory agencies
  • Follow the lobbying efforts of all the major national real estate services organizations.
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • The industry's only full-time newsroom
  • Relevant, up-to-date appraisal industry news
  • Covering the hottest stories and industry trends
NEWS BY TOPIC
NEWS BY EDITION
REPORTS
WEBINARS
EVENTS
LIBRARY
FREE EMAIL NEWS
ABOUT
SUBSCRIBE
Court Report
Cybersecurity
Excess Equity
Industry News
Legislative Developments
Regulatory Updates
Remote Online Notarization
State AG Enforcement
The Blotter
Current Edition
May 25, 2026
May 11, 2026
April 27, 2026
April 13, 2026
Archives
NEW Housing Inventory Solutions
2026 Voice of the Title Agent
2026 State of the Industry
NAR Settlement's New Realities
2025 Title Technology
Real Estate Compliance Outlook
Cybersecurity Today
Archives
NEW 2026 Economic Outlook Series
Evolving Realtor Relationships
FinCEN Real Estate Report Demo
2026 Industry and Regulatory Outlook
Blockchain & Title: Next Steps
RESPA Review: Navigating Multi-level Oversight
Evolving Technology
FinCEN's Residential Rule Explained
AI-Driven Innovation
Webinar Archives
National Settlement
Services Summit (NS3)
Women's Leadership
Summit (WLS)
Housing Inventory & Attainability Watch
State AG Enforcement
Podcast - Keys to Real Estate
Blog - Tuesdays with Mary
Excess Equity Watch
Cyber Solutions Showcase
Cybersecurity Central
eClosing Solutions Showcase
Executive Interview Series
RON Resource Center
Case Law
Position Papers
Regulations
2025
Comment Letters
White Papers
Testimony
The Legal Description
Contact Us
Advertise
Request a Media Kit
Are You An Expert?
Subscriber Agreement
Social Media