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SMEATON v. FIDELITY NATIONAL TITLE

No. C028795.

85 Cal.Rptr.2d 591 (1999)

72 Cal.App.4th 1000

Tony SMEATON, Plaintiff and Appellant, v. FIDELITY NATIONAL TITLE, Defendant and Respondent.

Court of Appeals of California, Third District.

Rehearing Denied July 8, 1999.

Review Denied August 25, 1999.

Attorney(s) appearing for the Case

Robbins, Robbins & Caldwell and Larry Caldwell, Sacramento, for Plaintiff and Appellant.

Bothel & Long and Peter Brian Bothel, San Francisco, for Defendant and Respondent.

NICHOLSON, J.

Tony Smeaton appeals from a judgment following a bench trial in favor of defendant Fidelity National Title in this lawsuit founded upon a title insurance policy. The court found the statute of limitations barred any recovery. On appeal, Smeaton contends the limitations period for claims founded upon a title insurance policy cannot begin to run until the policy is issued. We agree, and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND<...

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