Ghezeli

Ghezeli v. First Amer. Title Ins. CA4/1

Good Law
Court of Appeal of CaliforniaJuly 24, 2013D061070California3,739 words

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 .…

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