Saturday, December 6, 2014

Once Again It Appears that Fidelity National Title is Doing Its Best to Not Pay Claims

Hi Ann,

            Thanks for your latest 2 e-mails.  I have spoken to Mr. Saag & copied him before.  IMHO (In My Humble Opinion) he is part of the problem.  He tried to “steal” the encroached property from XXXXX for $10k which was insulting and absurd by any measure.  They investigated and came back with a minimum of $55k which IMHO is about right.  Saag also told me he has 130 attorneys working for him handling claims in the Western Division.  What does that tell you?


            I did hear back from the associate counsel yesterday.  They claim their appraisal is correct which indicates the property does not abut a “xxxxxxx” enhancement and the XXXXXXXX assessor is incorrect when he claims it abuts a xxxxxx.  The assessor personally knows the property, has lived there all his life, and is intimately familiar with my case.  The subject property abuts a xxxxxx, is shown on the TI map on a named stream, and the TI policy extensively covers the fact that it abuts the xxxxxx in its exceptions.  Just further evidence of their delay tactics shrouded by ignorance.


            Since associate counsel and Saag are continuing to communicate with me, I will respond to them covering the above one more time to give them the opportunity to resolve matters before I tell them I will be posting on your blog.  So far they have not released their appraisal to me.


 I will keep you posted.  Thanks again for your assistance.           

I am editing this post at this time as the author is still in the middle of attempting to get Fidelity National Title to do their job and insure his property.

The Continuing Saga of another Fidelity Claimant and David Saag

Hi Ann,
 Thanks for the response.  Since I sent you my e-mail, I have been corresponding with the associate claims counsel’s supervisor,  He has been responsive but continues to avoid resolving my case anytime soon with the normal run around, legal speak, etc.  I am currently waiting for a “promised” update on their negotiations with XXXX who owns the encroached upon property and an explanation why their (FNT’s) appraisal of my property is “admittedly” erroneous.  I will give him one more week then tell him I am going to start posting my experience on your blog.  It will be a year in December since I filed my claim, with no carrying cost reimbursement or progress of any sort.  Clearly a deny and delay strategy.
Thank you for your support and blog offer.  I will keep you apprised of the events as they unfold.
Here is the person who responded to all of my top of the ladder letters:
David Saag
SVP/Chief Claims Counsel
Omaha Claims Center
2111 South 67th Street Suite 210
Omaha  68106
402 498-7021
I would copy him on everything.

Another Fidelity National Title Claim, Another Problem

Hi Ann,

Very sorry to read about your dealings with FNT.  Thank you for posting your blog.   I am going through a somewhat similar process.  Mine is a black & white encroachment issue which FNT first denied the majority of, then reconsidered and accepted full responsibility.  Subsequently the claims counsel refuses to pay my monthly carrying costs for an unusable vacant property while they try to resolve it with the neighbor.  After 9 months of grief, FNT offered me 50% of the insured loss, take it or leave it, which would mean a loss of $80k to me.

I filed a complaint with the CA insurance commissioner, who in essence said they have no power to do anything and to hire an attorney.
My first question, did you ever get a response from your 6/13 letter to Roger Jewkes?  
Secondly, if you had to do it over again, what would you advise?

 Thank you,

I am going to post what you wrote anonymously (somewhat) on my blog - and this is starting to have an effect.

Here is what I feel and believe but it is my opinion.  The bottom line is that they will do everything they possibly can to NOT pay you and NOT pay you fairly but if you choose to sue it is a long and costly process.  When you go to depose their employees and consultants they are all over the country and their "experts" depose at $500 plus expenses.  The legal department of Fidelity in my opinion has no scruples whatsoever.
And I believe they dislike my blog.  There were two people I was communicating regularly with and they all of a sudden disappeared so I believe that they settled but part of it was a gag order.  When I finally settled they forgot to put that in the agreement. So I would use this.  Please feel free to tell them that you have been in contact with me and we are going to start posting a blow by blow of your process and see if this does not help to get them to step up to the plate.  (Feel free to share this email.)  It is too late for me but if they do not want pay you for your loss perhaps they will pay you to keep your mouth shut!!!!