Golden SEC. Thrift & Loan Ass'n v. First Am. Title Ins. Co.

Golden Security Thrift & Loan Association (Golden Security) appeals from a summary judgment entered in favor of First American Title Insurance Company (First American) in Golden Security’s action arising out of the insurer’s denial of a claim. We affirm.

Factual and Procedural Background

In 1992, Golden Security loaned William M. Green $450,000 to purchase a parcel of land in Montclair, California. Golden Security, as the named insured, obtained title insurance from First American—an ALTA lender’s policy and two endorsements, only one of which is relevant here. The CLTA form 116 endorsement contains the clause which has given rise to this lawsuit. It provides, in pertinent part, “[T]he map attached to this policy shows the correct location and dimensions of said land according to those records which under the recording laws impart constructive notice .... The company hereby insures the insured against loss ... in the event that the assurance herein shall prove to be incorrect.” (Italics added.)

It is undisputed the boundaries of the irregularly shaped lot are depicted on the map as follows: 380 feet in length on the east side, 360 feet (115 plus 90 plus 155) on the…