MILLER v. TRANSAMERICA TITLE INSURANCE COMPANY


533 P.2d 325 (1975)

Carl A. MILLER and Esther M. Miller, Husband and Wife, Respondents, v. TRANSAMERICA TITLE INSURANCE COMPANY, a Corporation, Formerly Oregon Title Insurance Co., a Corporation, Formerly Commonwealth Title Insurance Co., a Corporation, Dba Title Guarantee and Abstract Co., a Corporation, Appellant.

Supreme Court of Oregon.

Decided April 1, 1975.


Attorney(s) appearing for the Case

Malcolm J. Corrigall, Coos Bay, argued the cause for appellant. With him on the briefs were Orrin R. Ormsbee, and McNutt, Gant & Ormsbee, Coos Bay.

Harry A. Slack, Slack & Slack, Coquille, argued the cause and filed a brief for respondents.

Before McALLISTER, P.J., and DENCKE, HOLMAN, TONGUE, HOWELL, and BRYSON, JJ.


HOLMAN, Justice.

This is an action for damages by property owners upon a policy of title insurance issued to them by defendant. Defendant appeals from a judgment for plaintiffs in the sum of $20,000 entered pursuant to a jury verdict.

The property in question is devoted to use as a motel. Defendant neglected to include as an exception in its title policy an easement for a private roadway which purports to cover the...

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