[WSBARP] litigation guarantee coverage question

[Eric Nelsen]

I have generally used litigation guarantees as a method of determining the proper defendants when I'm pursuing an adverse possession claim. That is, my client has encroached on a neighboring parcel, so I need to confirm who has interests in that property.

Now, though, I'm doing a trespass and ejectment claim against an encroaching party, who owns the neighboring property. My client is being encroached upon, but defendant hasn't encroached long enough to establish adverse possession.

My dilemma:

If I order a litigation guarantee on my client's property which is encroached upon, then the guarantee will simply confirm that my client is the vested owner. That doesn't help me confirm the identity of the proper defendant.

If I instead order a litigation guarantee on the neighboring property, it will confirm the identity of the encroaching party, BUT it appears to me that the litigation guarantee won't actually provide any insurance coverage for my client. Part of the guarantee states:

"This Guarantee is restricted to the use of the Assured solely for the purpose of providing information to facilitate the commencement of the suit at law...affecting the land described in Schedule A." But the land described in Schedule A is the neighboring parcel, not my client's parcel which is being encroached upon.

Am I doing this wrong? Is there another type of litigation guarantee that covers when the insured is being encroached upon and is seeking to identify the defendant(s) who own(s) the neighboring parcel?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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