Saturday, March 9, 2013

Did Fidelity National Title Act in Good Faith? #9

·         Attempting to prevent the court or an insured's attorney with due exception from securing a copy of an insurer's claims manual.

Fidelity National Title responded to our request for this manual as a privileged trade secret document.

·         Attempting to shift blame and responsibility of investigation to insured and away from the insurer.

As I mentioned Edward Kunnes stated in the Response to the Third Amended Complain in his affirmative defenses I felt was putting the blame on me - tomorrow I will pull out those documents and quote them again.

·         Intentionally misinterpreting or misconstruing the law to the disadvantage of the insured and benefit of the insurer.

Well at the Settlement Conference when I brought up the Brief written by Jeff Hansen that if I complained they were going to make the legal argument that I was not longer insured as I no longer owned the property. Edward Kunnes rather pointedly commented that this was accurate. But then I cannot help but wonder if stalling and delaying the processing of a claim - and in this case they knew I had decided to let the property be foreclosed on as Jim Gibson, the appraiser, had reported this - did they do this intentionally as just another way to get out of paying the claim?

Okay - I am tired.  So much for tonight and playing at my new hobby.  Writing about Fidelity National Title and my claim.