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FIDELITY NAT. TITLE v. OSBORN III PARTNERS

No. CV-21-0086-PR.

524 P.3d 820 (2023)

FIDELITY NATIONAL TITLE INSURANCE COMPANY, Intervenor/Appellant/Cross-Appellee, v. OSBORN III PARTNERS LLC, et al., Defendants/Appellees/Cross-Appellants.

Supreme Court of Arizona.

Filed March 1, 2023.

Attorney(s) appearing for the Case

Robert R. Berk , Charles M. Callahan , Jones, Skelton & Hochuli, P.L.C., Phoenix; and David M. Satnick (argued), Helen Gavaris , Loeb & Loeb LLP, New York, NY, Attorneys for Fidelity National Title Insurance Company.

Richard M. Lorenzen (argued), Paul F. Eckstein , Joel W. Nomkin , Perkins Coie LLP, Phoenix, Attorneys for Osborn III Partners LLC, et al.

Ari Ramras , Ramras Legal PLC, Phoenix, Attorney for Amicus Curiae Land Title Association of Arizona.

JUSTICE LOPEZ authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, JUSTICES BOLICK, BEENE, MONTGOMERY, and KING joined.

¶1 We consider the meaning and application of Exclusion 3(a)—a standard title insurance policy exclusion designed to cover any defects, encumbrances, or adverse claims "created" or "suffered" by the insured—in the context of construction lending. We hold that this Court's opinion in First...

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