Where a title insurance company under took to defend the interest of insured in the premises against a lien, it was bound to protect him through all stages of the pro ceeding to enforce the lien, as well after as before judgment therein, or notify him that it could not do so, and furnish him necessary information of the status of the proceeding in time to enable him to protect himself ; and if, after giving such notice, the company de fended the proceeding, but thereafter aban doned the defence, it was necessary for it to give insured another such notice; Quigley v. Trust Co., 64 Minn. 149, 66 N. W. 364.
Where an insurer agrees to indemnify a mortgagee against loss not exceeding $2,200 by reason of incumbrances, and to defend the land against such claims, a loss occur ring by reason of the negligence of the in surer is not limited to the $2,200; Quigley v. Trust Co., 60 Minn. 275, 62 N. W. 287.
Under a title insurance policy, the fact that the conveyancing was done, not by the insurer but by the conveyancer of the in sured, was held no defence, and the right of the insurer to do conveyancing, draw deeds, write wills, or the like, was denied, and their action in assuming such right, un warranted by their charter, was declared to be a usurpation on the commonwealth ; Gau ler v. Trust Co., 9 Pa. C. C. It. 634.
In cases of defective title, or an incum brance requiring removal, the insured would be entitled, in an action on the policy, to recover the costs and expenses incurred in curing the defect or removing the incum brance ; but in case of total loss of title the value of the property lost is the measure of damages, and where the insured had been compelled to pay more than the amount of the policy to get a good title, judgment was entered for that sum ; id.
When the title was insured under a pol icy to the mortgagee and the latter bought in the property at a foreclosure sale, the purchase did not cancel the mortgage so as to annul the policy, but the insurer was lia ble to redeem the property from a sale un der prior mechanic's liens; Minnesota Title Ins. & Trust Co. v. Drexel, 70 Fed. 194, 17 C. C. A. 56.
See LIEN ; MORTGAGE; TITLE; WARRANTY.
Insurance against Birth of Issue. A form of insurance common in England by which the heir presumptive protects, his interest against either the birth of an heir apparent or the attainment of majority, or to a par ticular age by an existing heir apparent. It is also and more commonly practised by ten ants for life under settlements, who are en titled to reversions in fee simple subject to estates tail in their own issue by a particular marriage, and who, by this method, are en abled to mortgage their estates without bur dening their life interests with premiums on life insurance. In this form of insurance the principal elements to consider are the age and the health of the party and the age at which women will cease to bear See Jac. Ch. 585, 586 ; 4 Hare 124; 5 De G. & S. 226 ; 10 Beay. 463 ; 19 id. 565.