Bill Sauerwein obtains favorable opinion from Western District on “Party in Possession” exception to Title Insurance coverage

In Missouri’s first appellate opinion interpreting the “party in possession” exception to a standard title insurance policy, the Western District Court of Appeals held that the provision is unambiguous and that the standard exception to title insurance coverage excluded coverage for an Adverse Possession claim and a claim for Boundary by Acquiescence.  In its opinion, the Court thoroughly examined the language of the exception to coverage and the coverage analysis undertaken by the insurer at the time it denied coverage in affirming the trial judge’s grant of a Motion for JNOV.  The full opinion can be found at 2012 WL 4074418.