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BOEL v. STEWART TITLE GUAR. CO.

No. 26267.

43 P.3d 768 (2002)

137 Idaho 9

Neil F. BOEL and Karen S. Boel, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. STEWART TITLE GUARANTY COMPANY, a Texas corporation, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, November 2001 Term.

February 28, 2002.

Attorney(s) appearing for the Case

Spink, Butler, Clapp, LLP, Boise, for appellant. Michael T. Spink argued.

Davison, Copple, Copple & Copple, Boise, for respondents. Heather Anne Cunningham argued.

KIDWELL, Justice.

This case involves the interpretation of a title insurance policy issued by Stewart Title Company of Idaho (Stewart Title) to Neil and Karen Boel (the Boels). After learning that the federal government had an adverse claim of title to a portion of the land on which their house is situated, the Boels made a claim with Stewart Title under their policy. When Stewart Title did not pay the amount requested by the Boels as damages, the Boels filed this...

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