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New England Federal Credit Union v. Stewart Title Guarantee Co.

VTFebruary 25, 2000No. 98-003Cited 7 times
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Case Details

Judge(s)
Amestoy, Dooley, Morse, Johnson, Skoglund
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The Vermont Supreme Court reversed the summary judgment in favor of Stewart Title Insurance Company and remanded the case, holding that the violation of subdivision permit requirements constitutes an encumbrance on title covered by the insurance policy, and that the public-records exception applied because the violation was discoverable through reasonable title search procedures.

What This Ruling Means

**New England Federal Credit Union v. Stewart Title Guarantee Co.** This case involved a dispute over title insurance coverage when property development violated local zoning rules. New England Federal Credit Union had title insurance from Stewart Title Guarantee Company for a property. When the property turned out to have subdivision permit violations that weren't properly disclosed, the credit union claimed the insurance should cover this problem. Stewart Title refused to pay, arguing the violations weren't covered under their policy. The Vermont Supreme Court sided with the credit union. The court ruled that zoning and permit violations do count as "encumbrances" that title insurance should cover. The court also found that since these violations could have been discovered through proper public record searches, Stewart Title couldn't use the "public records exception" to avoid paying the claim. While this case was primarily about insurance coverage rather than employment, it matters for workers in the title insurance and real estate industries. It clarifies that title insurance companies have broader responsibilities to cover permit and zoning violations than they might claim. Workers in these fields should understand that thorough title searches must include checking for all types of permit compliance issues.

This summary was generated to explain the ruling in plain English and is not legal advice.

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