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Parks v. Stewart Title Guaranty Co.

Supreme Court of Montana

February 27, 2018

LAURIE PARKS, Plaintiff and Appellant,
v.
STEWART TITLE GUARANTY COMPANY, Defendant and Appellee.

          Submitted on Briefs: January 3, 2018

         APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. BDV 16-697 Honorable Mike McMahon, Presiding Judge

          For Appellant: Michael S. Kakuk, Kakuk Law Offices, PC, Helena, Montana

          For Appellee: Dale R. Cockrell, Moore, Cockrell, Goicoechea & Johnson, P.C., Kalispell, Montana

          OPINION

          JIM RICE JUSTICE.

         ¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

         ¶2 Laurie Parks (Parks) appeals from the Summary Judgment Order dismissing her claims against Stewart Title Guaranty Company (Stewart Title), entered in the First Judicial District, Lewis and Clark County. We affirm. Parks states five issues, but we address simply whether the District Court erred in granting summary judgment to Stewart Title.

         ¶3 Parks, Edward Parks, and Donald Tuschoff (Buyers) entered an agreement to purchase the Lincoln Hotel, in Lincoln, Montana, in October 2010. Upon Buyers' request, Stewart Title issued to them a Title Insurance Policy Commitment (Commitment) for the hotel real property (Property) in November 2010. The Property includes a road across its southern portion, in front of the hotel. On February 13, 2011, two of the Buyers executed a quitclaim deed transferring their interest in the Property to the Lincoln Hotel Limited, a Montana Corporation held by two of the Buyers and one other individual. Neither Parks nor the others had the Commitment updated or otherwise informed Stewart Title of the transfer. On February 15, 2011, Stewart Title issued a Title Insurance Policy (Policy). Schedule B of the Policy provided, in part:

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) that arise by reason of:
. . .
14. Statement of Dedication of a Roadway, recorded Oct. 21, 1969 in Book 258 Deeds, page 131.
. . .
19. Reservations set forth in instrument recorded November 14, 1980 in M Book 1 of ...

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