Arizona Title Insurance & Trust Company v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• because insurer introduced no evidence tending to support exclusion, it failed to meet its burden of proof as to the exclusion
• “suffered” implies a circumstance in which the insured knows of the lien and could insist on its elimination but chooses not to
• “subject to” means “burdened with” in the context of real property sales
• \[O]ur policy of construing ambiguities in favor of the insured leads us to require actual knowledge on the part of the insured as to the full extent and amount of the assessment before the exclusion would become operative.\ (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).