Reviewing the Claim denied by Fidelity National Title Insurance Company

As the letter I was sent was not addressed to me but it is what I would expect - a litany of "legal" reasons as to why the claim will not be paid. It is unfortunate that claims are actually not processed by claims processor who is interested in the client rather than an attorney representing and looking out for the interests of Fidelity and legal ways to avoid paying claims.


Hi Cherry and Rebeca,

Here is the original email that I received from the Walkers and I have read your letter dated January 27, 2015. It does sound to me reading your letter that there is a confusion as to whether or not the Walkers fully understood the error and signed the amended statement and this might warrant further investigation on your part.

Ann Zollinger
Former Fidelity National Title Insurance Company client

 

Fidelity National Title Insurance Company sent me a copy of the Claim Denial

Good afternoon,
Please see the attached letter from Cherry Kolb, Associate Claims Counsel.

Thank you,

Beca Frausto
Legal Assistant
Fidelity National Title Group/Omahas Claims Center
211 S 7th Street, Suite 210/Omaha, NE 68106
P: 402.498.7566 F: 402.498.7897

rebeca.frausto@fnf.com

Hi Rebeca,

First, I apologize for the delay in responding to your email.  I am not sure why I was sent this letter as I am just what I believe to be a victim of Fidelity National Title Insurance Company and I started a blog to chronicle my personal experience and I have been contacted by so many others who feel the same way. But here is my email to your client:

 

Dear James,
As I am only writing a blog on my experience with Fidelity National Title Insurance Company and am including the experiences of others - I will be happy to post your dilemma on my blog so that other readers can see and perhaps understand your problem.  But I do not believe I can do anything more than this to assist you with your predicament but I believe Mr. David Saag can so I am copying him on this email.

Here is his contact information:

David Saag
SVP/Senior Claims Counsel
2111 South 67th Street
Suite 210
Omaha NE 68106
402 498-7021
david.saag@fnf.com

Good luck with your situation!!

Ann

But - thank you for sending me this letter. I will read it carefully and hopefully this will assist me in writing a new blog post. I am though not sure why you sent it to me? I do have a strong viewpoint of FNTIC as a claim was filed on my behalf by a Fidelity Title Officer and then I discovered that a Claims Counsel is truly not there to assist the client (me) but rather to represent Fidelity legally and in my opinion to come up with every excuse possible to not pay the claim. And I hear this repeatedly over and over again. But I am just a former Fidelity client with a negative opinion of your company and especially the claims department.

So if you need my response - please let me know.

Ann Zollinger

 

.

Another Problem with Fidelity National Title

Ms Zollinger
I am James H Walker
Fort Worth Texas

We were selling an acre and a half in Azle Texas.  It had an old home on it with a well.

We were called into Fidelity National Title Agency, Inc.
224 West Main St.
Azle Texas 76020
817-270-0948
on the 19th of December to sign all the necessary paper work.  This included the Fidelity National Title Agency, Inc. final Mater Statement dated the 19th of December 2014.

Nine days later we were told over the phone that we needed to sign another Final Master Statement, and that one was backdated to the 19th of December.  This was done over the computer and we were the only ones that signed.

Because of this discrepancy the Agency made it cost us $750.22.

Ms. Zollinger, if you would look into this, Kay and I would greatly appreciate it.  We fee we shouldn't be responsible for the application being idle for in excess of 12 days.

Sincerely,

James H. Walker

Unfortunately as much as I would enjoy being the go to person for solving problems with Fidelity National Title I actually have no influence within the company at all - either in my own defense nor of others.  The most that I could do in this case was to refer him to David Saag, Senior Vice President and Chief Claims Counsel for assistance.

Dear James,

As I am only writing a blog on my experience with Fidelity National Title Insurance Company and am including the experiences of others - I will be happy to post your dilemma on my blog so that other readers can see and perhaps understand your problem.  But I do not believe I can do anything more than this to assist you with your predicament but I believe Mr. David Saag can so I am copying him on this email.

Here is his contact information:

David Saag
SVP/Senior Claims Counsel
2111South 67th Street
Suite 210
Omaha NE  68106
402 498-7021
david.saag@fnf.com

Good luck with your situation!!!

Ann

 

 

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 67^th Street Suite 210

Omaha  68106

402 498-7021

David.saag@fnf.com

 

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!!!!

Ann

Advice for Fidelity National Title Insurance Company Claims Counsels

From Will Rogers:

"Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip."

And again from Glassdoor.com by a former Claims Counsel in Omaha:

March 14, 2013

"Furthermore, at times I felt as the Company was coming very close to crossing the line of good faith and dealing with the insureds.  This was based upon the work load that placed upon attorneys resulting in attorneys being unable to comply with local insurance laws concerning the amount of contact the Company was to have with its insureds, loss payments being made timely, etc."

And from another Claims Counsel (again because I feel this is very true!)

December 9, 2013

"Get an ethical viewpoint and serve the insured and not the stockholders. I was made to accept appraisals that I knew did not represent the loss to the claimant but rather benefited Fidelity National Title and was instructed to do so by senior management. And in one case it was discovered that we were completely in error to the detriment of the insured as I was instructed to disguise this fact with using legal terms that were very difficult to understand. I finally had to quit as I had a problem knowing that I was not representing the insured claimants in a fair and ethical manner."

Although I would not call my blog the "town gossip" as I feel I am not gossiping but rather attempting to provide as much accurate information as to what happened to me with my claim (or lack thereof!) and subsequent lawsuit against Fidelity National Title Insurance Company - I would love nothing better than to have the parrot from the Omaha Claims office of Fidelity National Title!!!