Supreme Court of Missouri / Apr 30, 2024
Sanford Sachtleben and Luciann Hruza, Appellants, vs. Alliant National Title Insurance Co., Respondent.
Sanford Sachtleben and Luciann Hruza (Buyers) purchased land with a barn, which was later found to violate city zoning ordinances. Buyers sued Alliant National Title Insurance Co. (Alliant) for breach of a title insurance policy after Alliant refused to defend them in a lawsuit brought by the City of New Melle. The circuit court granted partial summary judgment for Alliant, concluding the policy provided no coverage. The Missouri Supreme Court affirmed, holding that the policy unambiguously required a recorded notice in the public records for coverage under Covered Risk 5, and that Exclusion 1(a) precluded coverage under Covered Risks 2 and 3 for ordinance violations.