RNT Holdings v. United General Title Ins. Co. CA2/4

In the underlying action, appellant RNT Holdings, LLC (RNT), asserted claims for breach of insurance contract, bad faith, and unfair business practices against respondent United General Title Insurance Company (United). The trial court granted summary judgment and judgment on the pleadings regarding those claims. On appeal, RNT challenges only the grant of summary judgment on its claim for breach of insurance contract, contending the trial court erroneously determined that the claim failed in light of the terms of RNT’s policy. We affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

A. Lender’s Title Policy

The key issues before us concern the lender’s title insurance policy that United issued to RNT in 2008 (the policy). Pertinent here are two provisions, namely, an exclusion and a condition of coverage. The policy stated, “The following matters are expressly excluded from coverage of this policy . . . : 3. Defects, liens, encumbrances, adverse claims, or other matters [j[] (a) created, suffered, assumed, or agreed to by [RNT] . . (exclusion 3(a)). In the portion of the policy entitled “Conditions of Coverage,” the policy also provided in section 10(b) that absent…