EDMONSON v. POPCHOI

No. 84695-2.

256 P.3d 1223 (2011)

172 Wn.2d 272

J.E. EDMONSON and Naomi I. Edmonson, husband and wife, Plaintiffs, v. Ivan G. POPCHOI and Varvara M. Popchoi, husband and wife, Respondents, National City Mortgage, Inc., an Ohio corporation; National City Bank, an Ohio corporation; and Fidelity National Title Company of Washington, Inc., a Washington corporation, Defendants, Csaba Kiss, a single person, Petitioner.

Supreme Court of Washington.

Decided August 4, 2011.


Attorney(s) appearing for the Case

Matthew F. Davis , Attorney at Law, Seattle, WA, for Petitioner.

John Warren Hathaway , Law Offices of John W. Hathaway PLLC, Seattle, WA, for Respondents.


OWENS, J.

¶ 1 This case involves a property dispute that arose after the sale of a plot of residential land pursuant to a statutory warranty deed. Specifically, this case presents the question of whether a grantor's duty to defend against another's claim to title is satisfied by that grantor's independent decision to settle the claim, whatever its merits, and pay the grantee damages for the breach of warranty. We hold that the duty to defend requires that a grantor...

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