Friday, November 23, 2012

So take my right leg...............

So one of the arguments that has been made by Fidelity National Title Insurance Company is that although I lost an almost mile long easement through residential property - my 80 acre parcel was not land locked as there was still a deeded easement through the commercial/manufacturing property.  And therefore I obviously had no loss as it was determined that my loss was $0.

Again I attempted to address this with the Fidelity Claims Counsel with an illustration that perhaps he could understand.

A top soccer player who kicks with their right leg is in an automobile accident severing their right leg.  And their insurance company decides that there is not loss - after all our soccer player has another perfectly good leg to stand on !!!!!

I do not think I would be in this position if Fidelity National Title Insurance Company had taken any kind of a position of fairness at the beginning of this claim  that their title officer filed on my behalf.  What do I feel is "fair" now?

  • An amount that represents my actual financial loss of the easement
  • An amount that represents the hundreds of hours I have had to invest to get them to pay the claim
  • An amount that represents the stress and anger that this has caused me
  • An amount that pays for all of the lawsuit actual fees - filing fees, expert fees, etc.
  • An amount that compensates my attorney
All I have ever wanted was for Fidelity National Title Insurance Company to do what they say that they do - protect my interest in my investment.  Is that too much to ask?

I did not open the claim.  I did not "verify" that I had a claim.  Both were done by employees of Fidelity.  So then why would a value of $0 be determined as the loss for this claim.  Why bother opening it in the first place?  Why bother determining that there is a valid claim?  And how can anyone associated with Fidelity honestly say that the value of this loss is $0?????????????????