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FIDELITY NAT TITLE INS. v. WOODY CREEK VENTURES

No. 14-1274.

830 F.3d 1209 (2016)

FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, Plaintiff Counter Defendant-Appellee, v. WOODY CREEK VENTURES, LLC, a Colorado limited liability company, Defendant Counterclaimant-Appellant, and Pitkin County Title, Inc., a Colorado corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

July 26, 2016.

Attorney(s) appearing for the Case

Eric E. Torgersen ( Dennis B. Polk , and Melissa R. Liff , with him on the briefs), Holley, Albertson & Polk, P.C., Lakewood, Colorado, for Defendant Counterclaimant-Appellant.

Adam P. O'Brien ( Marilyn S. Chappell , with him on the brief), Wells, Anderson & Race, LLC, Denver, Colorado, for Plaintiff Counter Defendant-Appellee.

Before HARTZ, PHILLIPS, and MORITZ, Circuit Judges.

This suit requires us to interpret two provisions of a title insurance policy underwritten by Fidelity National Title Insurance Company — one provision insures against unmarketability of title and the other insures against a lack of access to property. The owner of the policy, Woody Creek Ventures, LLC, contends that...

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