Manneck

Manneck v. Lawyers Title Ins. Corp.

Good Law
1994 Cal. App. LEXIS 989·28 Cal. App. 4th 1294·33 Cal. Rptr. 2d 771·94 Daily Journal DAR 13701·94 Cal. Daily Op. Serv. 7488
Court of Appeal of CaliforniaSeptember 8, 1994B076833California3,347 words

Opinion

Opinion

Boren, J.

This is an appeal from a judgment finding in favor of defendant in an action for declaratory relief, following a nonjury trial. The trial court found, inter alia, that defendant Lawyers Title Insurance Corporation had no obligation to prosecute an action on behalf of plaintiffs Paul A. Manneck and Jennifer H. Manneck-Regina or to indemnify them for any losses since the alleged defects in plaintiffs’ title are not within the coverage of the title insurance policy issued by defendant. As an obvious consequence of the declaratory relief finding, the judgment also entailed the dismissal with prejudice of plaintiffs’ complaint alleging breach of contract, breach of the implied covenant of good faith and fair dealing and fiduciary duty, and negligent infliction of emotional distress. Contrary to plaintiffs’ contentions, the trial court properly construed the language of the title insurance policy and determined as a matter of law that no coverage existed under the circumstances, and plaintiffs’ alleged denial of a jury trial does not warrant a reversal.

Facts

On September 19,1986, plaintiffs purchased for $200,000 a home at 2609 Waverly Drive in the city of Los Angeles. At…

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