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Hazel a homeowner is insured as an owner under a standard ALTA owner's title insurance policy that has a policy/effective date the same day as
Hazel a homeowner is insured as an owner under a standard ALTA owner's title insurance policy that has a policy/effective date the same day as the Closing when Hazel purchased Blackacre (2016), when she obtained a fee simple absolute. Hazel plans to build a garage with a driveway on a public side street. The village where Blueacre is located will not give Hazel a permit for the curb-cut to allow access to the side street from the planned garage. In addition the conservator of the estate of Gerry, who had been adjudicated incompetent two years before executing a deed in Hazel's chain of title to the land, now claims ownership of the land and argues that the deed of the incompetent is not valid. When Hazel consults you as an attorney, you advise her: Hazel can successfully claim damages against the title insurance company if the conservator of Gerry's estate is successful in claiming ownership of the land insured. Hazel can require the title insurance company to defend any cause of action brought by the conservator of Gerry's estate against Hazel for quiet title to the land insured. Hazel can successfully claim damages against the title insurance company for denial of access to the land land because the village will not permit the curb cuts for the new driveway. A" and "B" but not "C" All of the above
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