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O.C.G.A. § 33-7-8 — Title insurance | Georgia Code
O.C.G.A. § 33-7-8 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 7. Kinds of Insurance; Limits of Risks; Reinsurance, 33-7-1 through 33-7-15.

ARTICLE 2 UNFAIR CLAIMS SETTLEMENT PRACTICES

33-7-8. Title insurance.

Title insurance is insurance of owners of real property or others having an interest in such real property, or liens or encumbrances on such real property, against loss by encumbrance, defective titles, invalidity, adverse claim to title, or unmarketability of title by reason of encumbrance or defects not excepted in the insurance contract, which contract shall be written only upon evidence or opinion of title obtained and preserved by the insurer.

(Code 1933, § 56-410, enacted by Ga. L. 1960, p. 289, § 1.)

Cross references.

- Effect on title insurance companies of laws relating to regulation of practice of law, §§ 15-19-52,15-19-53.

Recordation and registration of deeds and other instruments, T. 44, C. 2.

JUDICIAL DECISIONS

Defects of survey as covered by title insurance.

- Defects of survey such as shortage of area may be sufficiently related to the standard notions of title defect or encumbrance so as to be a risk allowed coverage by title insurance. U.S. Life Title Ins. Co. v. Hutsell, 164 Ga. App. 443, 296 S.E.2d 760 (1982).

Cited in White v. Lawyers Title Ins. Corp., 197 Ga. App. 780, 399 S.E.2d 526 (1990).

OPINIONS OF THE ATTORNEY GENERAL

Mobile homes as real property.

- Mobile homes deemed by parties to sales transaction to be a part of real property upon which they are located may be the subjects of title insurance. 1982 Op. Att'y Gen. No. 82-52.

RESEARCH REFERENCES

Am. Jur. 2d.

- 44 Am. Jur. 2d, Insurance, § 518.

Proof of Title Insurance Claims, 38 POF3d 389.

C.J.S.

- 46 C.J.S., Insurance, § 1514.

ALR.

- Measure, extent, or amount of recovery on policy of title insurance, 60 A.L.R.2d 972, 19 A.L.R.5th 786.

Title insurance: exclusion of liability for defects, liens, or encumbrances created, suffered, assumed, or agreed to by the insured, 87 A.L.R.3d 515.

What constitutes a charge, encumbrance, or lien within contemplation of title insurance policy, 87 A.L.R.3d 764.

Construction of clause in title insurance policy excepting defects resulting from the rights of parties in possession, 94 A.L.R.3d 1188.

Defect in, or condition of, adjacent land or way as within coverage of title insurance policy, 8 A.L.R.4th 1246.

Defects affecting marketability of title within meaning of title insurance policy, 18 A.L.R.4th 1311.

Title insurer's negligent failure to discover and disclose defect as basis for liability in tort, 19 A.L.R.5th 786.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 33 in the context of Georgia insurance coverage law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.