Thursday, January 17, 2013

What constitutes the contract between an insured and Fidelity National Title Insurance Company?

I have edited this down to a relatively small number but due to a busy work schedule it is going to take some time to post and comment on them......................

So it is my understanding that the agreement between the client and the title insurance company is a contractual arrangement.  And therefore the payment of a claim (or lack of payment) would be a contractual matter.  So requesting all documents regarding any agreements between myself and Fidelity National Title seems reasonable and hardly irrelevant.

For example, as part of this I feel that all of the documents that I was provided at the meeting I had with the Fidelity National Title Officer in Napa California prior to purchase of the property regarding Parcels Two through Five (the subsequently lost easement) and research to obtain these documents would not only be relevant but IS the "subject matter of this action."  And it was definitely part of the "agreement" which I had when I purchased the property namely that I had taken the additional step of meeting with the title officer to find out more about the parcels (easement), had obtained from him the recorded public records and understood these parcels (easement) to be a valid portion of my real estate purchase.

Additionally as cited previously from the Fidelity National Title website:

"When you purchase real property, rely on Fidelity National Title to protect your interests. You’ll be insured by a company backed by more than 150 years of successful title operations."

"The title search may reveal the existence of recorded defects, liens or encumbrances upon the title such as unpaid taxes, unsatisfied mortgages, judgments and tax liens against the current or past owners, easements, restrictions and court actions. These recorded defects, liens and encumbrances are reported to you prior to your purchase of the property. Once reported, these matters can be accepted, resolved or extinguished prior to the closing of the transaction. In addition, you are protected against any recorded defects, liens or encumbrances upon the title that are unreported to you and which are within the coverage of the particular policy issued in the transaction. This is the first benefit you receive from title insurance." 

I believe that these quotes were also part of the agreement between myself and Fidelity National Title although I do not know if technically what is on their website would be part of the "contract."