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Murphy v. Ticor Title Ins. Co.

Pursuant to the clear and unambiguous terms of the title insurance policy, the events affecting the plaintiff's use of an easement occurring approximately 20 years after the policy's issuance were excluded from coverage.

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Thomas L. Murphy appeals from the trial court’s dismissal for failure to state a claim of his complaint for breach of a contract of title insurance issued by Ticor Title Insurance Company Ticor and the denial of his motion for summary judgment on the issue of coverage. Finding no error, we affirm. On appeal from a grant or denial of a motion for summary judgment, this court conducts a de novo review of the record, construing the evidence and all reasonable inferences therefrom in favor of the non-movant.1 Also, “we review the trial court’s ruling on a motion to dismiss under the de novo standard of review.”2 Here, the trial court’s order reflects that it considered affidavits filed after the original pleadings in making its determination. Therefore, Ticor’s motion to dismiss was converted into a motion for summary judgment pursuant to OCGA § 9-11-56 and we apply that standard of review.

The following facts are not disputed. On January 21, 1987, Murphy and his father, Carl L. Murphy, purchased 85 acres of land in Franklin County.3 In addition to the description of the real property, the deed included this statement: “ALSO CONVEYED : Right-of-way and easement for ingress and egress over the road presently existing.” The Murphys’s property abutted Lake Side Acres subdivision and the “road presently existing” was a 60 foot wide right-of-way designated Lakeview Lane which ended at the Murphys’s property line and provided access to their property. An unpaved dirt road began at the property line at the end of Lakeview Lane and continued across the Murphy property. Ticor issued a Title Insurance Policy on the property and the Murphys paid the premium for the insurance.

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