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If we decline a "settlement offer" from the title insurance company...

This is a discussion on If we decline a "settlement offer" from the title insurance company... within the Insurance Issues forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; Hi, we're in Canada but I believe this would be a standard question. If we decline a "settlement offer" from ...

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Old Apr 9th, 2012, 08:00 AM   #1
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Default If we decline a "settlement offer" from the title insurance company...

Hi, we're in Canada but I believe this would be a standard question.

If we decline a "settlement offer" from the title insurance company and pay for the work out of pocket, are we accepting full responsiblity? We believe issues may arise later pertaining to this claim, however the offer clearly states once we sign off on it, we are releasing them from anything pertaining to the issue later in the future.

Alternatively, if we do accept, can we add our own "clause" since we dont like the wording that they would be releasing themselves from everything pertaining to this in the future ...

thanks in advance
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Old Apr 9th, 2012, 08:31 AM   #2
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Default Re: If we decline a "settlement offer" from the title insurance company...

I wish to inform you that you can accept amount with the clause that the amount is not full and final settlement. In this regard when payment is made at that time generally insurance will take in writing from you that the amount is in full settlement. You may also write to insurance company that check paid to you will be accepted only as part payment.

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Old Apr 10th, 2012, 06:12 AM   #3
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Default Re: If we decline a "settlement offer" from the title insurance company...

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Originally Posted by canadianbear View Post
Hi, we're in Canada but I believe this would be a standard question.

If we decline a "settlement offer" from the title insurance company and pay for the work out of pocket, are we accepting full responsiblity? We believe issues may arise later pertaining to this claim, however the offer clearly states once we sign off on it, we are releasing them from anything pertaining to the issue later in the future.

Alternatively, if we do accept, can we add our own "clause" since we dont like the wording that they would be releasing themselves from everything pertaining to this in the future ...

thanks in advance
An offer of settlement is just that -- an offer. Which cannot be used against you later on in court. You are correct in your belief that once you sign off on the claim and later costs arise from the same defect, they would not be liable.

It would be more helpful to describe exactly what your claim is against your title insurance. Is it a boundary problem? Undetected prior owner? There are many types of errors and omissions in title searches that could end one up with a claim against the company.
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Old Apr 10th, 2012, 07:17 AM   #4
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Default Re: If we decline a "settlement offer" from the title insurance company...

Thanks for the responses. It's actually a shed located on a drainage swale.
The city says it's the cause of water collecting on properties but you can see from the lay of the land it's actually the grading that the city signed off on when the houses were built.
The shed was here when we bought the home.

The settlement offer states like you said, if something arises from this, the insurance co, would not be liable. So all the city has to say next is, "as a result of the shed, the original grading has been disturbed and therefore we must regrade" - which is a LOT more money then moving the shed!
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Old Apr 11th, 2012, 12:07 PM   #5
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Default Re: If we decline a "settlement offer" from the title insurance company...

Your claim then would be against the city and the Title Company's liability, secondary as it appears. If you can cure the problem at this point in time -- changing the grade, relocating the shed, then estimates of the cost should be a basis to begin settlement talks. You should have an hydraulics engineer look at the problem, if you have not already and have his report and recommendations to go on. Should you end up having to litigate, such a report by this type expert is what you will need anyway.
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Old Jun 24th, 2012, 10:18 PM   #6
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Default Re: If we decline a "settlement offer" from the title insurance company...

If you have been involved in an accident and have filed a claim with your car insurance company, then a settlement will be made if your claim is valid. But not everyone is happy with the settlement, contending that the claim was processed too slowly, handled improperly, or the amount paid was not enough to cover losses. If you are dissatisfied with your car insurance settlement, then you should refuse your auto insurer's offer by taking the appropriate action to settle your case fairly.
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Old Jun 24th, 2012, 10:56 PM   #7
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Default Re: If we decline a "settlement offer" from the title insurance company...

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If you have been involved in an accident and have filed a claim with your car insurance company, then a settlement will be made if your claim is valid. But not everyone is happy with the settlement, contending that the claim was processed too slowly, handled improperly, or the amount paid was not enough to cover losses. If you are dissatisfied with your car insurance settlement, then you should refuse your auto insurer's offer by taking the appropriate action to settle your case fairly.
Title insurance refers to insurance regarding real estate, NOT an automobile.
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