Romeo v. Glasser

37 Va. Cir. 594, 1994 Va. Cir. LEXIS 737
CourtNorfolk County Circuit Court
DecidedNovember 22, 1994
DocketCase No. L94-1348
StatusPublished

This text of 37 Va. Cir. 594 (Romeo v. Glasser) is published on Counsel Stack Legal Research, covering Norfolk County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Romeo v. Glasser, 37 Va. Cir. 594, 1994 Va. Cir. LEXIS 737 (Va. Super. Ct. 1994).

Opinion

By Judge John C. Morrison, Jr.

This matter is pending on the Motion for Judgment filed by Paul J. and Nancy E. Romeo (“Plaintiffs”) and the Demurrers of the land surveyor Beck Associates, P.C. (“Beck Associates”) and First American Title Insurance Company (“First American”). The law office of Glasser and Macon, P.C., also a defendant in this case, has made no motion at this time.

Plaintiffs allege that Beck Associates negligently prepared a site plan and survey of Plaintiffs’ property by failing to discover a fifteen-foot easement held by Virginia Electric and Power Company (“Virginia Power”). Similarly, Plaintiffs claim that Glasser negligently conducted the closing on the Plaintiffs’ purchase of their property by failing to discover and inform Plaintiffs of the aforementioned easement. Lastly, Plaintiffs assert that First American breached its contract for title insurance when it refused to reimburse Plaintiffs for the cost of relocating underground cables located on the fifteen-foot easement.

Beck Associates and First American have each filed a demurrer and argue that the Plaintiffs’ Motion for Judgment should be dismissed because it fails to state a cause of action for which relief can be granted. Beck Associates argues that by statute in Virginia, it was under no duty to discover the fifteen-foot easement held by Virginia Power. First American argues that the insurance policy it issued to Plaintiffs expressly took exception to the Virginia Power easement. First American also made a Motion to Crave Oyer which was sustained at the hearing pursuant to an agreement by the parties. Therefore, the Title Policy and all of its terms, [595]*595exceptions and provisions are incorporated into and made a part of Plaintiffs’ Motion for purposes of ruling on First American’s Demurrer.

The facts are as follows. On July 12,1990, Plaintiffs purchased a parcel of property from Brandermill Development, Inc. Prior to Plaintiffs’ purchase, Virginia Power acquired a fifteen-foot easement over the property for the operation and maintenance of underground cables. The fifteen-foot easement was not recorded on the record subdivision plat because it was acquired after such plat was recorded. (The record subdivision plat is simply the original plat filed by Brandermill Development, Inc.) However, the easement was recorded in Deed Book 2266, page 215, and shown to be south of and parallel to the rear property line.

Before Plaintiffs purchased the property, Beck Associates prepared a physical survey and site plan of the property at Plaintiffs’ request. Beck Associates revised the site plan two years after Plaintiffs purchased the property. Neither the survey nor the site plan revealed the fifteen-foot easement. Similarly, Glasser, who conducted the closing on the purchase of the Property at their law offices, failed to inform the Plaintiffs about the Virginia Power easement. Consequently, Plaintiffs were forced to pay $11,250 to relocate underground cables in order to complete the construction of their house.

Plaintiffs’ policy of title insurance, issued by First American, took exception to the “[e]asement granted to Virginia Electric and Power Co. appearing of record in Deed Book 2266, at page 215, 15 feet along rear.”

I. First American’s Demurrer

First American contends that, as a matter of law, they are not liable for the cost of moving the underground cables because they took exception to the fifteen-foot easement in Schedule B of Plaintiffs’ title policy. Schedule B reads as follows:

This policy does not insure against loss or damage by reason of the following exceptions ....
8. Easement granted to Virginia Electric and Power Company appearing of record in Deed Book 2266, at page 215, fifteen feet along rear.

Plaintiffs contend that “along rear” means immediately adjacent to the rear. First American, relying on Webster’s Ninth New Collegiate Dictionary, argues that “along rear” simply means parallel to the rear, notwithstanding location. Webster’s defines the word “along” as follows:

[596]*596Along ... 1: in a line parallel with the length or direction of 2: in the course of 3: in accordance with. Webster’s p. 73.

First American further asserts that the meaning of “along rear,” as used in the title policy, is clear because the exception specifically sets forth the deed book and page where a plat that displays and describes the exact location of the fifteen-foot easement was recorded.

The law related to insurance policy interpretation is well settled in Virginia. “An insurance policy is a contract” to which familiar principles of contract construction apply. Graphic Arts Mut. Ins. Co. v. C. W. Warthen Co., 240 Va. 457, 459, 397 S.E.2d 876, 878 (1990). “Each phrase and each clause of an insurance contract ‘should be considered and construed together ....’“ Floyd v. Northern Neck Ins. Co., 245 Va. 153, 158, 427 S.E.2d 193, 198 (1993) (citations omitted). Insurance policies are construed in favor of coverage if their language is ambiguous. Virginia Farm Bureau Mut. Ins. Co. v. Hodges, 238 Va. 692, 696, 385 S.E.2d 583, 587 (1989). “If the language is unambiguous, however, we do not resort to rules of construction but give the language its plain meaning.” Id. at 696, 385 S.E.2d at 587 (citations omitted).

According to the above principles as well as the rules of demurrer, see Sinclair, Virginia Civil Procedure, § 9.6 (2d ed. 1992), the phrase “along rear” is ambiguous and, standing alone, would have to be construed to mean immediately adjacent to the rear, an interpretation most favorable to Plaintiffs. The above phrase does not stand alone in the title policy exception, however. The words “fifteen feet along rear” are part of a clause that specifically sets forth the deed book and page where a plat which displays and describes the exact location of the fifteen-foot easement was recorded. The meaning of the aforementioned phrase is unquestionable when the title policy exception is construed as a whole, in accordance with the principles of contract interpretation. This conclusion conforms to the Virginia Supreme Court’s reasoning in Andrews v. American Health and Life Ins., 236 Va. 221, 372 S.E.2d 399 (1988).

In Andrews, the court held that the phrase “nervous disorder,” as used in the policy, meant physical, not mental, disorder of the nerves. The Court reasoned as follows:

[t]here are a number of definitions of “nervous” in Webster’s Third New International Dictionary 1519 (1986). One is “of, relating to the nerves: originating in or affected by the nerves“; yet another is “tending to produce nervousness or agitation.” [597]*597Thus, we conclude that the phrase “nervous disorder,” standing alone, is a general term which might include physical or mental disorders, or both.
We must, however, construe the phrase in accordance with the maxim noscitur a sociis.

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Related

Andrews v. American Health & Life Insurance
372 S.E.2d 399 (Supreme Court of Virginia, 1988)
American Reliance Insurance v. Mitchell
385 S.E.2d 583 (Supreme Court of Virginia, 1989)
Graphic Arts Mutual Insurance v. C.W. Warthen Co.
397 S.E.2d 876 (Supreme Court of Virginia, 1990)
Floyd v. Northern Neck Insurance
427 S.E.2d 193 (Supreme Court of Virginia, 1993)
Virginia Farm Bureau Mutual Insurance v. Hodges
385 S.E.2d 612 (Supreme Court of Virginia, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
37 Va. Cir. 594, 1994 Va. Cir. LEXIS 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romeo-v-glasser-vaccnorfolk-1994.