Title Insurance Policy Excluded Coverage of Claims for Easements Implied by Law, New York Court Rules

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A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law.

The Case

As the court explained in its decision, in April 2014, 1267 Rogers Avenue LLC entered into a lease with the Roman Catholic Church of St. Ignatius of Brooklyn with respect to property at 1267 Rogers Avenue in Brooklyn, New York (the “Rogers property”). Adjacent to and abutting the Rogers property was a four-story school building owned or occupied by the Dormitory Authority of the State of New York and the City University of New York.

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