O.C.G.A.

O.C.G.A. § 33-7-8 (2019)

Title insurance

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Title insurance is insurance of owners of real or personal property or others having an interest in such real or personal property, or liens or encumbrances on such real or personal 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.

History

Code 1933, § 56-410, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 901, § 1/SB 202. The 2019 amendment, effective July

1, 2019, inserted ‘‘or personal’’ in three places in this Code section.

Annotations

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. Am. Jur. Proof of Facts. - Proof of Title Insurance Claims, 38 POF3d 389. C.J.S. - 46 C.J.S., Insurance, § 1742 et seq. 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. Am. Jur. Trials. - Handling Title Insurance Claims, 15 Am. Jur. Trials 467.

Notes of Decisions

Cited in 9 cases, 1987–2019 · leading case: Fid. Nat'l Title Ins. v. Keyingham Investments, LLC, 702 S.E.2d 851 (Ga. 2010).

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Fid. Nat'l Title Ins. v. Keyingham Investments, LLC, 702 S.E.2d 851 (Ga. 2010). · cites it 2× “Title insurance protects against “defective titles,” OCGA § 33-7-8, and a forged deed conveys a defective title, see Brock v.”

Murphy v. Ticor Title Ins., 729 S.E.2d 21 (Ga. Ct. App. 2012). · cites it 2× “See also OCGA§ 33-7-8 (Title insurance is written “only upon evidence or opinion of title obtained and preserved by the insurer.”

Fid. Nat'l Title Ins. v. Matrix Fin. Servs. Corp., 567 S.E.2d 96 (Ga. Ct. App. 2002). · cites it 2× “) OCGA § 33-7-8. 12 See id. 13 See J. C. Penney, supra.”

Green v. Sams, 433 S.E.2d 678 (Ga. Ct. App. 1993). · cites it 2× “443, 445 ( 296 SE2d 760 ) (1982); OCGA § 33-7-8. Although marketable title does not necessarily mean one which a title insurance company will insure (Keel v.”

Wilkinson Homes, Inc. v. Stewart Title Guar. Co., 610 S.E.2d 187 (Ga. Ct. App. 2005). · cites it 2× “An expert witness for Wilkinson Homes testified that OCGA § 33-7-8 requires a title insurance contract to “ ‘be written only upon evidence or opinion of title obtained and preserved by the insurer.”

Glass v. Stewart Title Guar. Co., 354 S.E.2d 187 (Ga. Ct. App. 1987). · cites it 2× “400, 404 ( 4 SE2d 78 ) (1939); OCGA § 33-7-8. “Nothing else appearing, title insurance operates to protect a purchaser or mortgagee against defects in or encumbrances on title which are in existence at the time the insured takes his title.”

White v. Lawyers Title Ins., 399 S.E.2d 526 (Ga. Ct. App. 1990). · cites it 2× “While we agree that the March 1988 order states that there were other issues remaining as to parcel 4, and it would not grant summary judgment to Lawyers Title as to parcel 4, we agree with Judge Peeler that the court’s subsequent award of title to that parcel to White settled…”

Old Repub. Nat'l Title Ins. Co. v. Rm Kids, LLC (Ga. Ct. App. 2019). · cites it 2× “400, 404 ( 4 SE2d 78 ) (1939); see also OCGA § 33-7-8 (2018). “Typically, title insurance protects a purchaser or mortgagee against defects in or encumbrances on title which are in existence at the time the insured takes his title.”

Thomas Murphy v. Ticor Title Ins. Co. (Ga. Ct. App. 2012). · cites it 2× “See also OCGA § 33-7-8 (Title insurance is written “only upon evidence or opinion of title obtained and preserved by the insurer.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.