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ROSS v. TICOR TITLE INS. CO.

No. 32589-6-II.

143 P.3d 885 (2006)

Fred A. ROSS and Ursula B. Ross, husband and wife, Appellants, v. TICOR TITLE INSURANCE COMPANY, a California corporation doing business in Clallam County, State of Washington, Appellant, and John F. Kirner and "Jane Doe" Kirner, husband and wife, Respondents, and Clallam Title Company, a Washington corporation, Defendant.

Court of Appeals of Washington, Division 2.

October 3, 2006.

Attorney(s) appearing for the Case

Harry Holloway, III, Attorney at Law, Port Townsend, WA, Gregory Louis Ursich, Linville Ursich PLLC, Seattle, WA, for Appellants.

David V. Johnson, Johnson Rutz & Tassle, Port Angeles, WA, Alan Bradford Hughes, Alan B. Hughes PS, Seattle, WA, for Respondents.

ARMSTRONG, J.

¶ 1 Fred and Ursula Ross and Ticor Title Insurance Company appeal a summary judgment dismissing their claims against John Kirner for breach of contract, fraud, and misrepresentation. The claims stemmed from Kirner's sale of property to the Rosses, a sale that Ticor insured. The Rosses and Ticor contend that Kirner should have disclosed that he burdened the property with two easements while the sale was pending. Kirner counters that because the final...

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