Stewart Title Insurance Company is pleased to report its participation in the
First Amended and Restated Mutual Indemnification Agreement, effective April 1,
2005. The Mutual Indemnification Agreement first effective in July of 2003,
remains in effect for those policies issued by an Indemnitee prior to April 1,
2005. Together, the two documents will hereinafter be referred to as the
Those companies currently participating in the Agreement, in addition to
Stewart are: Chicago Title Insurance Company, Commonwealth Land Title Insurance
Company, Fidelity National Title Insurance Company, First American Title
Insurance Company of New York, Lawyers Title Insurance Corporation, Old
Republic National Title Insurance Company, Ticor Title Insurance Company,
Ticor Title Insurance Company of Florida, Transnation Title Insurance Company of
New York, and Washington Title Insurance Company.
As was the case previously, there is a Memorandum, executed by all of the
above participants, which describes in further detail how the Agreement is to be
implemented. A copy of that Memorandum follows this Bulletin. Also following is
a copy of the current version of Applications of the Mutual Indemnity Agreement
which contains interpretations of the Agreement for specific situations, each of
which have been ratified by all participating companies.
You are urged to read the attached Memorandum for details of the Agreement,
but I would like to take the opportunity to point out two major changes in the
provisions effective as of April 1.
First, the limit for many monetary liens to be considered
Covered Defects, as that term is defined, has been raised from $250,000 to
$500,000. Please note however, that the limit for federal tax liens to be
considered Covered Defects remains at $250,000.
Second, a loan policy issued by the Indemnitor (as defined)
may now be used to clear a mortgage, open of record, which was not excepted in
the Indemnitor's policy, provided, certain proofs of payment are
obtained. Please see the Memorandum for the full details of what is
Again, please read the Memorandum for all of the details regarding
application of the Agreement and, as always, for further guidance, please call
company counsel at any time.