JConcurring.—There is substantial evidence to support the trial court’s finding that the assertion of the uncovered Gion-Dietz claim was the legal cause of Native Sun’s damages. I am surprised that Native Sun has not argued that a title insurer is liable for damages where the damages may be concurrently caused by both covered and uncovered claims. Native Sun, however, does not say that Ticor is liable for damages caused by the unmarketability of the property even if those damages were concurrently caused by the assertion of the Gion-Dietz claims. Consequently since this issue was neither presented nor argued and there is no challenge to the sufficiency of the evidence any error resulting from the trial court’s incorrect finding of marketability becomes harmless.
I also believe there is substantial evidence to support the trial court finding that Jampol as Native Sun’s attorney acted in accordance with his professional responsibilities toward his client and thus Ticor is not liable for additional attorney’s fees incurred by Native Sun. Accordingly, because of the foregoing I concur in the result reached by the majority.