LIPINSKI v. TITLE INS. CO.

No. 81-37.

655 P.2d 970 (1982)

John J. LIPINSKI, Plaintiff and Respondent, v. The TITLE INSURANCE COMPANY, an Idaho Corporation, and Flathead County Title Company, a Montana Corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided December 23, 1982.

Rehearing Denied January 14, 1983.


Attorney(s) appearing for the Case

Richard DeJana argued, Kalispell, for defendants and appellants.

Jonkel & Kemmis, Daniel Kemmis argued, Missoula, for plaintiff and respondent.


SHEA, Justice.

The defendant title insurance companies appeal a judgment of the Flathead County District Court in which they were found liable to Lipinski for damages caused by their failure to determine and disclose certain ditch rights easements, and because they failed to defend Lipinski in lawsuits brought as a result of those undisclosed rights. Three lawsuits were brought against Lipinski. The insurance companies defended the first lawsuit under a reservation...

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