MGD Partners v. First American

A federal appellate court determined that a marketability problem with a property in Louisiana was not due to a defect in title, but rather due to the condition of the property, where the new owners discovered bomb remnants on the property. The trial court had granted the title insurer summary judgment, concluding that the landowner’s claim was not covered under the title insurance company’s policy. The landowner appealed, arguing that a servitude was created on the property under a Louisiana statute.