[U] Hofmann v. Chicago Title Insurance Co‪.‬

Roland and Helga Hofmann purchased their house on land that they thought extended to a nearby highway. When they decided to sell the property many years later, they discovered that a deed undisclosed by their title insurance policy conveyed a portion of the property to the State of Washington for future expansion of the highway. The Hofmanns sued Chicago Title Insurance Company, the successor to the policy. Although the trial court initially granted summary judgment in favor of the Hofmanns, it reversed and granted summary judgment to Chicago Title upon reconsideration. The Hofmanns appeal arguing that the title insurance policy covers the defect and that the trial court erred in granting reconsideration. We affirm because a general exception in the policy excludes questions of boundary from coverage. As a result, the trial court properly granted reconsideration to correct its previous decision that was contrary to law.