Confirm favorite deletion?
Property Keyed to Chase
Bear Fritz Land Co. v. Kachemak Bay Title Agency, Inc.
Facts
The Coopers applied for and received a Corps permit to build on the wetlands but never recorded it. The Coopers sold the subdivision parcel to Bear Fritz Land Company (Bear Fritz) (plaintiff). Bear Fritz obtained title insurance for the sale from Kachemak Bay Title Agency, Inc. and Ticor Title Insurance Company (Ticor) (defendants). Under the title insurance policy, Ticor insured Bear Fritz against the risk of loss due to any “defect” or “encumbrance” on the title. The policy also stated that the terms “defect” and “encumbrance” did not include any laws, governmental acts, or regulations, including any laws that regulated the use of the property. Bear Fritz learned of the wetlands-permit requirement while negotiating the sale of two subdivision lots. By that time, the Corps permit had already expired so Bear Fritz stopped making payments to the Coopers for the parcel. The Coopers sued Bear Fritz. Bear Fritz filed a third-party complaint against Ticor, claiming that Ticor had breached its contract with Bear Fritz by failing to disclose the Corp permit in its policy. For the claims against Ticor, the trial court concluded that the expired permit and the existence of protected wetlands on the parcel were not defects in title and found for Ticor. Bear Fritz appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.