District court’s judgment, involving land title insurance policy dispute, is reversed where: 1) the district court erred in granting Commonwealth’s motion to dismiss as in order to except expressly from ALTA 9 Endorsement coverage a right of refusal or other restrictions noted in paragraph 1(b)(2) of the Endorsement, an insurer must list those restrictions specifically in Schedule B: and 2) Commonwealth bore the burden of detecting the restrictions stated in the Declaration, and had to list those restrictions explicitly as exceptions to avoid covering loss from them.
Read Nationwide Life Ins. Co. v. Commonwealth Land Title Ins. Co. , No. 06-2890
On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 05-cv-00281)District Judge: Honorable Ronald L. Buckwalter
Argued January 28, 2009Opinion Filed August 31, 2009
JudgesBefore: Scirica, Chief Judge, Ambro and Smith, Circuit Judges. Opinion by Circuit Judge Ambro
Counsel
Counsel for Appellant.: Justin K. Miller, C. Paul Scheuritzel.
Counsel for Appellee: Craig R. Blackman, Neal R. Troum.
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