Bourland v. Title Ins. Co. of Minnesota

Bourland v. Title Ins. Co. of Minnesota (1982) 4 Ark.App. 68, involved a provision in a title insurance policy excluding insurance coverage for defects "created, suffered, assumed or agreed to by the insured claimant." (Id. at p. 71.) During summary judgment proceedings, the insured admitted that she knew about a prior deed when she obtained the title insurance but maintained that she had been told that the deed was not valid and had not been recorded. Applying Arkansas law, the Bourland court found there was a triable issue of fact as to whether the insured had "'agreed to' or suffered the defect within the meaning of the exclusion . . . ." (Id. at p. 74.)