(The Measure of a Property Owner's Loss from a Title
Defect is the Diminution in the Property's Value Caused by the
Title Defect on the Date the Insured Discovers the Defect, Measured
According to the Property's Highest and Best Use, Absent
Language to the Contrary)
(October 2024) - In Tait v. Commonwealth
Land Title Insurance Company, 103 Cal. App. 5th 271 (June 28,
2024), the California First District Court of Appeal reversed the
trial court's order granting summary judgment in favor of
Commonwealth Land Title Insurance Company
("Commonwealth"). In this case, plaintiffs Martin Tait,
Jane Tait, and Bry-Mart, LLC (collectively, the "Taits")
purchased a residential property for $1.25 million and Commonwealth
issued a title insurance policy for the property. The policy
insured the Taits against "actual loss" arising from
certain defined covered risks, including someone else having an
easement on the property. The policy limited Commonwealth's
liability for an
