Saturday, March 9, 2013

Did Fidelity National Title Act in Good Faith? #3

·         Insurer attempts to settle a claim for less than the amount to which a reasonable person would have believed was entitled or attempts to substantially diminish a claim requiring an insured to initiate litigation.

So this one is pretty simple. Fidelity National Title first attempted to settle the claim by offering a Cost to Cure to the wrong road in the wrong county which I did not agree with. They then decided that the loss of a mile long easement to an 80 acre parcel in the infamous Napa Valley was worth nothing. Somehow I, as what I consider to be a reasonable person, did not believe that my loss was $0 nor that this was the amount that I was entitled to. After years of trying to get Fidelity National Title and it's claims counsels to not substantially diminish my claim, I did have to initiate litigation and Fidelity National Title did finally settle for an amount although still not close to my loss - it was substantially more than nothing. Richard McNeely actually got whoever he talked to - to increase the amount as I pointed out some of the documents that Fidelity National Title provided that he appeared to be unaware of.

·         Requesting over burdensome documentation demands not required by the policy.

I was repeatedly told to obtain an appraisal at my expense but there was no provision in the policy that stated that this was required. I did though provide ample evidence to substantiate my claim of the loss.