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Property Law Keyed to Dukeminier
Lick Mill Creek Apartments v. Chicago Title Insurance Co
Facts
In 1986, Plaintiff acquired the land in question. Prior to 1986, the land had been used by various corporations, which had deposited large amounts of hazardous materials in underground tanks. Plaintiff retained the Defendant for title insurance. The Defendant commissioned a survey and inspection of the property. During the survey, the survey company noticed the presence of pipes and tanks. Further, the Department of Health Services and the Regional Water Control Board maintained records disclosing the hazardous materials. Plaintiff filed suit to recover costs incurred in cleaning up the hazardous substances. Plaintiff appealed from the trial court’s dismissal of their claim based on a finding that the title insurance did not cover removing hazardous waste.
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