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FIRST AMERICAN TITLE INS. CO. v. XWAREHOUSE LENDING CORP.

No. A119931.

177 Cal.App.4th 106 (2009)

FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff and Respondent, v. XWAREHOUSE LENDING CORPORATION, Defendant and Appellant.

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

August 28, 2009.

Attorney(s) appearing for the Case

Gordon & Rees, Kevin W. Alexander, Kimberly D. Howatt and Benjamin T. Morton for Defendant and Appellant.

Leland Chan for California Bankers Association as Amicus Curiae on behalf of Defendant and Appellant.

Musick, Peeler & Garrett, Barry D. Hovis and Walter J.R. Traver for Gateway Bank, FSB as Amicus Curiae on behalf of Defendant and Appellant.

McDonough Holland & Allen, Michael T. Fogarty for Plaintiff and Respondent.

OPINION

McGUINESS, P. J.—

Plaintiff First American Title Insurance Company (First American) sought a declaration that it had no duty under its title insurance policies to defend or indemnify defendant XWarehouse Lending Corporation formerly known as Access Lending Corporation (Access).1 The trial court issued the requested declaration after ruling that Access was not an insured entitled to coverage under the...

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