New York Court of Appeals

L. Smirlock Realty Corp. v. Title Guarantee Company

February 19, 198152 N.Y.2d 179

Summary

The New York Court of Appeals reversed the Appellate Division, holding that a title insurance policy is not voided by the misrepresentation clause absent intentional concealment of a non‑public fact, and that the insured has no duty to disclose material facts that are readily ascertainable from public records. The case was remanded for a trial on the plaintiff's damages under the policy.