Saturday, October 27, 2012

Four Years and Counting


In a few days it will be four years ago that I spoke to my first Claims Counsel with Fidelity National Title Insurance Company in Walnut Creek, California. In early October 2008 a Title Officer with Fidelity wrote, “[u]pon the title personnel’s review of the easement you inquired about that was shown as Parcels Two, Three, Four and Five of the Grant Deed recorded 4/25/2003, Instrument no. XXXXXXXXX does not appear to extend across assessor’s parcel no XX-XXX-XX for that reason it has been determined that a claim should be opened and the matter has been turned over to claims department counsel.”  And this Title Officer opened the claim on my behalf.

Four years, five Claims Counsels in Walnut Creek, Chicago and Omaha and countless written pages, the claim is now a lawsuit back with the Walnut Creek Office of Fidelity National Title Insurance Company as it was determined that a claim for the loss of an almost mile long easement to an 80 acre parcel with views of the Napa Valley had a value of $0 – nada – nothing by an appraiser from Boise Idaho.

Friday was supposed to be the deposition of the Fidelity National Title Insurance Company Officer and Vice President who verified under penalty of perjury that Fidelity National Title Insurance Company’s Verified Answer to Third Amended Complaint was true and correct.  Leaving home at 6:30 am for a 9:00 am deposition, I arrived to the videographer packing up to leave.  The Counsel for Fidelity National Title Insurance Company had been on vacation.  He had not communicated with my attorney that the deposition could not occur today.  And this Vice President was reported to be an underwriter and not familiar with the claim.  And that the deposition that was to occur on Monday would also be cancelled due to the person who was supposed to be deposed not being available.

Over the next couple of days I will digress to the beginning of the story……………………