Perry v. Fidelity National Title Insurance Company

Plaintiffs sued title insurance company seeking declaration that it was obligated to defend them in underlying action filed by Plaintiffs' neighbors who sought to prevent Plaintiffs from placing improvements on an easement for access to their property.Plaintiffs raised at least the possibility of coverage under the policy, thus triggering Defendant's duty to defend. Failure to provide ingress and egress to a property can render title unmarketable. Underlying suit placed at issue whether easement could actually be conveyed, and thus placed at issue marketability of Plaintiffs' title.(BURKE and SPENCE, concurring.)