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SECURITY UNION TITLE INS. CO. v. RC ACRES, INC.

No. A04A1331.

604 S.E.2d 547 (2004)

SECURITY UNION TITLE INSURANCE COMPANY et al. v. RC ACRES, INC.

Court of Appeals of Georgia.

Reconsideration Denied August 31, 2004.

Certiorari Denied November 22, 2004.

Attorney(s) appearing for the Case

Heyman & Sizemore, William B. Brown, Jacqueline Marcucci, Atlanta, for appellants.

Stewart, Melvin & Frost, Frank Armstrong, III, Gainesville, for appellee.

ELDRIDGE, Judge.

Security Union Title Insurance Company, and Chicago Title Insurance Company, as successors to Safeco Title Insurance Company, brought this appeal from the denial of its summary judgment motions against RC Acres, Inc., the title policy holder, and the grant of partial summary judgment for RC Acres, Inc. against it. The title policy excluded preexisting defects or encumbrances, i.e., a recorded easement, and required that all claims be filed within...

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