Claims Update

Stewart Title has a long history of issuing title insurance policies and our financial strength and claims paying ability make us an industry leader. Claims are resolved in a timely manner through a professional, practical and result-oriented approach.

Stories from our Most Recent Files:

Defence of Title

Our insured recently purchased a property and after settlement, our insured’s Conveyancer after settlement was contacted by the vendor seeking that the insured execute the Section 173 Agreement which sought to register the property as “student accommodation”. Our insured has legal proceedings brought against them in an attempt to force the insured to sign the Section 173 Agreement.

Stewart Title retained a law firm to liaise with the vendor’s solicitors in order to arrange the adjournment of legal proceedings against the Insured and further to look at reaching a compromise in relation to the Section 173 Agreement which impacted on the intended use that the Insured has for the property.

The matter proceeded to mediation at which time the Insured was able to sell the property back to the vendor and receive compensation for the Vendor’s failure to properly disclose the requirements of the Section 173 Agreement. Stewart Title paid all of the legal fees in relation to obtaining this resolution for the insured.

Unpaid Rates

Following settlement the insured received notification from MidCoast Water that there were outstanding water rates in relation to the insured’s property in the sum of $3,576.00 which was not disclosed in a section 603 Certificate as the Certificate showed the water usage to be 0.00kls.

Stewart Title appointed solicitors requesting that liability for the water usage not be sought from our Insured’s as there has been a burst water main which had been brought to the attention of MidCoast Water and which they had attended to rectify.

MidCoast Water advised that because the water leak occurred on the owner’s side of the property then any usage becomes the responsibility of the Insured and on this basis will look at the registered proprietor for payment of the outstanding water bill.

Stewart Title paid the outstanding rates on the Insured behalf.