The Docket: Policy Exception for Easements Does not Apply to Clam Profits

August 4, 2020

Sean Holland, an underwriting counsel for Fidelity National Title Group, reviews a recent decision by the Washington Supreme Court holding that a title insurer breached its duty to defend when it denied the insureds’ claim arising from a profit, a Native American tribe’s treaty right to harvest shellfish. The profit was outside the scope of a policy exception for easements. Read on to learn why this decision is important to the title industry.

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