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FIRST AMER. TITLE INS. CO. v. JOHNSON BANK

No. CV-15-0244-PR.

372 P.3d 292 (2016)

FIRST AMERICAN TITLE INSURANCE COMPANY, a California Corporation, Plaintiff/Appellee, v. JOHNSON BANK, a Wisconsin Bank Registered in Arizona, Defendant/Appellant.

Supreme Court of Arizona.

Filed June 13, 2016.

Attorney(s) appearing for the Case

Mark A. Nadeau, Courtney G. Saleski, (argued), DLA Piper LLP (US), Phoenix, Attorneys for First American Title Insurance Company.

William G. Ridenour, Timothy Berg (argued), Janice Procter-Murphy, Fennemore Craig, P.C., Phoenix, Attorneys for Johnson Bank.

Dennis I. Wilenchik, Tyler Q. Swensen, Wilenchik & Bartness, P.C., Phoenix, Attorneys for Amici Curiae Equity Income Partners LP and Galileo Capital Partners, Ltd.

Ari Ramras, Ramras Legal, PLC, Phoenix, Attorney for Amicus Curiae Land Title Association of Arizona.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which JUSTICES BRUTINEL and BOLICK, and JUDGE ECKERSTROM joined, and CHIEF JUSTICE BALES dissented.

¶ 1 This case presents the question of how to calculate damages under a lender's title insurance policy that failed to disclose encumbrances substantially affecting the value of the property and thwarting its intended use. Because the policy itself does not specify a valuation date, we are...

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