Report: #1054815

Complaint Review: Chicago Title Company

  • Submitted: Wed, May 29, 2013
  • Updated: Wed, May 29, 2013
  • Reported By: Insurance Scam — Conifer Colorado
  • Chicago Title Company
    32065 Castle Court
    Evergreen, Colorado
    USA

Chicago Title Company Denies claims as a practice Evergreen Colorado

*Author of original report: Great information

*Consumer Comment: Legal v. Convenient Access

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We bought a home in 2009 and Chicago Title/Fidelity Title was the title insurer.  We ended up with an access issue which is supposed to be covered under the policy.  We heard back today from Chicago and they are denying the claim saying that since we can step onto our property from a county road, we have "access."

However, our home is 50 yards off the road and we don't have the possibility of having a driveway cut because of the steep grade of our lot. 

"Too Bad." was their reply and sentiment.  Their idea and their definition of "access" is a line on a map showing your property butting up against a county road.  So, if your property is steep or on a cliff, etc and your neighbors want to block your easement (as in our case) they will absolutely not protect you.

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This report was posted on Ripoff Report on 05/29/2013 04:54 PM and is a permanent record located here: http://www.ripoffreport.com/reports/chicago-title-company/evergreen-colorado-80439/chicago-title-company-denies-claims-as-a-practice-evergreen-colorado-1054815. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
1Consumer
0Employee/Owner

#1 Author of original report

Great information

AUTHOR: LBLScambot - ()

Great information!!  I just contacted the title company, based on your suggestions, to see if we have coverage for the defense of the easement.  Unfortunately for us a variance costs $1,000 for the application.  We're already in this for over $12k in legal fees and simply don't have the money to apply, be denied, see if it's covered and potentially (probably) get denied.

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#2 Consumer Comment

Legal v. Convenient Access

AUTHOR: Boges55 - ()

I am not familiar with the specific language of title policies in Coloradao.  However, in Texas, Title insurance policies insure a "right of access."  This is interpreted as legal access, not convenient access.  

You mention neighbors blocking an easement.  If the easement is filed of record (opposed to a prescriptive easement based upon use over time), it may the type of easement that could have been insured in the title policy. Insuring an easement is generally something that must be negotiated into coverage and not insured automatically.  Unfortunately, the general public does not know that there are provisions in title insurance policies that can be negotiated.   If your title policy insured the recorded easement, then re-submit your claim for defense of the easement opposed to a claim for lack of a right of access.  The easement should be listed as a separate tract (e.g. Tract 2) on Schedule A of your policy if it is insured.

Presuming your policy did not insure the easement as a separate tract, then there may be another way to bolster your claim for coverage.  You state that the grade of your lot is too steep to cut in a driveway.  You can file an application for a variance with the city to put in a driveway.  If the variance is granted, then of course you have access and are free to construct the driveway.  If, however, the variance is denied, you could submit your claim again for reconsideration attaching the City's denial of the variance as evidence of no access.  Your title insurance company may still deny the claim because technically, pedestrian access from the county road is a legal right of access.  However, it may be worth a try if you have no other options as points of access to the lot.  

 

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