MELLINGER v. TICOR TITLE INS.

No. A092663.

113 Cal.Rptr.2d 357 (2001)

93 Cal.App.4th 691

David MELLINGER et al., Plaintiffs and Appellants, v. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

Rehearing Denied November 28, 2001.

Review Denied February 13, 2002.


Attorney(s) appearing for the Case

Law Offices of Robert J. Kahn, Robert J. Kahn, San Ramon, for Appellants.

Miller, Starr & Regalia, Menlo Park, Scott A. Sommer, David E. Harris, Walnut Creek, for Respondent.


Certified for Partial Publication.*

KAY, J.

Plaintiffs David Mellinger, Uri Eliahu, Paul Guerin, Geoffrey Strong, and Shalom Eliahu sought coverage under a title insurance policy for damages allegedly caused by an encroachment. The trial court found no coverage as a matter of law. We reverse, concluding the question should have been submitted to a jury. We will remand the matter for trial in accordance with the views expressed...

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