There are occasions when we as practitioners may be confronted with a client who has purchased land only to discover—after the fact—there is no means of vehicular access. While potential remedies exist against the seller, the surveyor (if a survey was procured), the real estate broker or even closing counsel, resort should first be had with the title insurance agent or insurer. This article focuses upon the potentially applicable "covered risks" and defenses based upon exceptions, exclusions, and definitions contained in a standard American Land Title Association (ALTA) owner's policy relating to the narrow issue of whether standard policy coverage insuring the right of access applies to vehicular as distinct from only pedestrian access and, if so, under what circumstances. 

The Standards Governing Policy Interpretation

An informed analysis requires a close examination of the policy. As with all contracts, including insurance policies, the doctrine of good faith and fair dealing applies, thus triggering a construction based upon an insured's objective, reasonable expectations even when the insured never read the commitment. DiOrio v. New Jersey Mfrs. Co., 79 N.J. 257 (1979). Objective reasonableness is a question of law to be determined by the court. Bromfeld v. Harleysville Ins. Co., 298 N.J. Super. 62, 79 (App. Div. 1997). While any ambiguity is resolved in favor of an insured, in exceptional circumstances even an unambiguous contract has been interpreted contrary to its plain meaning in order to fulfill an insured's reasonable expectations. Werner Indus. v. First State Ins. Co., 112 N.J. 325 (1988).