Bulletin: WA000028

Date:
November 20, 1991
To:
All Washington Agents
RE:
Mineral Rights

Dear Associates:

The Washington Supreme Court has reversed a decision of the court of appeals (that I previously reported to you) whether a mineral reservation included oil and natural gas. Kunkel v. Meridian Oil, 114 Wash. 2d 896, 792 P.2d 1254 (1991).

The Supreme Court has decided that "all minerals of any nature whatsoever upon or in the land, including coal and iron" does not include oil and natural gas. The court of appeals had ruled that it did.

The cases which attempt to define "minerals" are not consistent. For this reason we should never define minerals in our policies.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
12.16 Mineral Rights
Exceptions Manual:
WA Minerals
Forms:
None