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Property Keyed to French
Somerset Savings Bank v. Chicago Title Ins. Co.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1986, Somerset Savings Bank (Plaintiff) agreed to finance a construction project in Revere, Massachusetts. To protect its investment, Plaintiff purchased title insurance from Chicago Title Insurance Company (Defendant). The contract insured against loss or damage resulting from defects in title or unmarketability of title. The contract expressly excluded from coverage any restrictions on the use of the land resulting from a law or governmental regulation. At the time the contract was executed, Defendant advertised that it was familiar with local laws and practices. In 1988, after construction had begun, the city ordered construction halted because the state had not consented to the issuance of a building permit. State law required consent because the property had once been owned by a railroad company. Defendant claimed that Plaintiff’ losses were not covered by its insurance policy. Plaintiff filed suit, claiming breach of contract and negligence. The trial court granted summary judgment on all claims to Defendant, and the intermediate appellate court affirmed. Plaintiff appealed to the state supreme court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.