Ghezeli
Ghezeli v. First Amer. Title Ins. CA4/1
Opinion
Opinion
facts submitted to the trial court for purposes of trial. 2 policy. The policy's Covered Risk No. 4 states: "Someone else has an easement on the land."
Covered Risk No. 12 states: "You are forced to correct or remove an existing violation of any
covenant, condition or restriction affecting the Land, even if the covenant, condition or
restriction is excepted in Schedule B." Schedule B of the policy under the heading
"EXCEPTIONS" states: "In addition to the exclusions, you are not insured against loss, costs,
attorneys' fees[,] and expenses resulting from[,]" and then lists 22 exceptions to coverage under
the policy. Exception No. 4 specifies any easements and/or servitudes affecting easement
parcels; Exception No. 14 specifies the County's open space easement; Exception No.
specifies the HOA's CC&R's; and Exception No. 18 specifies the HOA's landscape easement.
Before issuing the policy, First American provided Ghezeli a "Preliminary Report" that listed
the exceptions the policy would contain, including Exception Nos. 4, 14, 17, and 18. The
Preliminary Report stated, in bold type: "Please read the exceptions shown or referred to
below .…