Tabachnick

Plaintiff Gene A. Tabachnick appeals the order dismissing his suit against defendant Ticor Title Insurance Company following Ticor’s successful demurrer based on the statute of limitations.

Facts

On July 18, 1986, Tabachnick purchased a condominium unit in New Jersey (the Property) in which a tenant then resided. According to Tabachnick, the seller of the Property represented to him that the tenant could be evicted under New Jersey law after three years.

On September 4, 1986, Tabachnick purchased a policy of title insurance from Ticor insuring Tabachnick’s title to the property (the Policy). The following “Covered Title Risks,” among others, were included under the terms of the Policy:

The Policy provisions included the following duty to defend Tabachnick’s title: “We will defend your title in any court case as to that part of the case that is based on a Covered Title Risk insured against by this Policy. We will pay the costs, attorneys’ fees, and expenses we incur in that defense.” The Policy also provided that the insured was to give prompt notice of any claims against title, and that the insured’s failure to give prompt notice could reduce Ticor’s obligation to the…