Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-01095-CFD

Document 86-7

Filed 11/21/2006

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EXHIBIT E

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Case 3:02-cv-01095-CFD
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Document 86-7

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AMERICAN LAD TITLE ASSOCIATION OWNER'S POllCY

(/0-17-92)

CHICAGO

TITLE INSURANCE COM.PANY

SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corpration, herein caled the Company, insure, as of Date of

in Schedule A, against loss or damage, not exceeing the Amnt of Insuranc stated in Schedule A, sustaine or
incurred by th insure by reson of:
L TItle to

Policy shown

the estate or interet desribe in Schedule A being vested other than as state therein;

2. Any defec in or lien or encumbrace on the title; 3. Unmarketability of the title;

4. Lack of a right of access to and from the land.
The Company wil also pay the costs, attorneys' fees and expense incurr in defens of the title, as insure, but

. .

only to the extent proided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has cause ths policy to be signed and seed as of Date of Policy shown in Schedule A, the policy to beome valid when countersigned by an authoried signatory.

Agent For: CHICAGO TITLE INSURANCE CaMP ANY State Agency Offce 10 Columbus Boulevard Hartford, CT06106 (860) 249-1661

CHICAGO TITLE INSURANCE COMPANY By:

9 ~!~
By:

Preident

ALTA Ow's Policy (10-17-92)

PLTF 000017

Case 3:02-cv-01095-CFD

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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded fro the coverage of this polic and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which añse by reason of:

1. (a) Any law, ordinance or govrnmental reulation (Including bu not limited to building and zoning laws, ordinances, or reulations) retrictfng, reulating, prohibiting or reatlng to (i) the occupan, use, or
ereed on the land; (iil) a separation In ownership or a chnge In the dimensons or area of th land or any

enJoyment of the land; (II) the character, dimensions -or lotion of any Impvement no or hereafter

theref or a notice of a defect, lien or encumbrance resulting frm a violation or alleged vioation affecing the land has ben reorded In the public reords at Date of Policy.

parcel of which the land is or was a part; or (Iv) environmental prtecio, or the effect of any violation of these laws, ordinances or governmental reulatfns, except to th extent that a notice of the enforceent

(b) Any gornme poice po not excluded by (a) abo, exce to th extent tht a notic of th exercis
thf or a noti of a deect, lien or encbrnc resultng frm a vilation or alleed vlolat afecng the

land ha ben reed in th public rerds at Date of Polic.

2. Rights of eminent domain unless notice of the exercise theref has ben rerded In the public reords at Date of
binding on the ñghts of a purchaser for value without knowledge.
3. Defec, liens, encumbrnces, advers claims or othe matters:

Policy, but not excluding from coverage any taking which has ocurr prior to Date of Policy which would be

(a) created, sufere, asume or agre to by the Insure climant; (b) not known to th Copan, not rede In the public res at Date of Policy, bu knn to th Insure claimant and not disclose in wring to the Copany by the insure claimant prior to the date th Insure
climant beme an insure under this poicy;

(C) resulting In no loss or damage to the insure claimant;
(d) attching or created subseuent to Date of Policy; or (e) resulting In loss or damage which wold not hav ben sustained If the Insured claimant had paid value for the este or Interest insure by this policy. 4. Any claim, which añse ou of th trnson veng in the Insure the este or intere insre by ths poic, by
reasn of th opetin of federl bankruptcY, stte Inslvency, or similar crit' ñghts las, th is ba on:
(I) th transcton crating the ese or interest insure by this policy beng deeme a fraudulent convence

or frudulet transfer; or

(ii) the trnson Crating th estte or Interest insure by this poicy being deemed a preferentfal trnsfer
except where the preferential transfer relts from the fanure:

(a) to timely reord the instrment of mnsfer; or
(b) of such rerdation to Impart notice to a purchaser fo value or a Judgment or lien critor.

- - PLTF 000018

Case 3:02-cv-01095-CFD
1. DEANITON OF TERMS

Document 86-7

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CONDITIONS AND STIPULATIONS
Th following terms when us in this poric mean:
(a) "insured": the insured named in Scheule A, and, subjec to any rights or defenses the Company would have had against the name insured, those

(c) Whenevr the Company shall have brought an action or interpose a defense as required or permited by the provions of this policy, the Company may pursue any litigation to final determination by a court of competent juris-

who succee to the interest of the named insured by opration of law as distinguished from purchas including, bu no limited to, heirs, distributees, devisees, survivor, personal representatives, next of kin, or corporate or

dicion and expressly reserves the riht, in its sole discretion, to appal from
any adverse judgment or order.
(d) In all caes where this

fiducary sucessrs.
(b) "insured claimant": an insured claiming loss or damage. (c) "knoedge" or "known": actual knoledge, no costructive knoled or notic which may be imputed to an insured by reason of the public

cute or provide for the defense 01 any action or proceeing, the insured shall

policy permits or requires the Coany to prose-

seure to the Company the right to so prosecute or proe defense in the action or proceeding, and all appals therein, and permit the Company to

use, at its option, the name of the insured for this purpse: Whenever requested by Ihe Company, the insured, at the Company's expense, shall give

recds as defined in this poicy or any other recrds which impart construc-

tive noice of matters affecting the land.

the Company all reasonable aid (i in any action or proceeding, secuñng
evidence, obtaining witness, prosecuting or defending the iiction or proceeing, or effecing setlement, and (Ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to esablish the title to. the estate or interest as insured. If ~ Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's oblígations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such coration.

ment affxed thereto which by law constitute real prop. The term "land" dos no include any property beyond the lines of the area desribe or
refered to in Schedule A, nor any right, title, interest, estale or easement in
abing strees, roads, avenues, alleys, lanes, ways or waterwys, but noh-

(d) "land": th land describe or referred to in Schedule A, and improve-

ing herein shall moify or limitthe extent to whh a right of access to and from
the la is insured by this poicy.

inrument. (f) "publc recods": recs establish under state sttutes at Date of
Po for th purpse of imparting coruive noic of matters

(e) "mortgage": mortgage~ dee of trus, trust de, or other security

real prrt to purchser for value and without knoledge. Wii respe to

relating to

tio and Stipulations ha been pred the Copany, a pro of lo or
to by the insured claimant shall be fumishe to the Copany wihin 90 days after the insured claimant shan ascrtin the fads ging ñs to the loss or dama. The proof of loss or damage shn desibe
damage sine and sworn

5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Setion 3 of these Condi-

Sen 1 (a)ftv of the Exclusions Fro Coerage, "pulic reds" shall als incude enviromental prtecion riens filed in the recrds of the clrk of th
United States distnc court fo the distnc in which the land is loted.

th defec in, or lien or encmbranc on th title, or other matter insured against by this poicy wh constitues the basis of loss or damage and shall
damage.

(g) "unmarketilty of the title": an alle or apparent matter affecing the ti to the land, no excluded or exceped from coverage, which would

stte, to the extent possible, ttie basis 01 calclatiflg the amount of the loss or

ente a purchar of the estte or interes' descbe in Schedute A to be
rel Irom the obigation to purchase by virtue 01 a coractual condition

If the Company is prejudic by the failure of the insured claimant to

provide the required prof of los or damage, the Company's obligations to

reuiring the delivery of marketale title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE

the insured under the policy shall terminate, including any liability or obigation to defend, proseute, or continue any litigation, with regard to the matter

Th corage of this poic shn cotinue In force as of Date of Poicy in

or matters requiring such prf of loss or damage. In addion, the insured clama may reasably be required to submi to

fav of an insured only so log as th insured retans an este or interest in
th la, or holds an indebedness seure by a purchase money mortgage

examinatio under oath by any authorized repesntative of th Company
and shall produce for examination, inspio and copyng, at such reasonable times and places as may be designated by any authoried representative

-gven by a purchr from the insured, or only so log as the insured shall

have liability by reasn of conants of waty made by th insured in any trnser or covenc of the este or interes. Thi policy shll no continue
in fo in favo of any purchasr from th insur of eitr (i an esate or

of the Company, all recrds, boks, lers, checks, coespenc and
memornd, whether bearing a date before or after Date of Poicy, which

ineres in the land, or (Ii) an indebtednes seured by a purchase money
morgage given to the insure.
3. NOTICE OF CLIM TO BE GIVEN BY INSURED ClAMANT Th insured shall noify the Copany promptly in writing (I) in case of any

reasna pein to the lo or damage. Further, if requeed by any aut ried representative of th Company, the inured claimant shall grnt its
permission, in wnting, for any authozed representative of the Company to
examine, inspe and copy all recds, bo, ledgers, checks, correspon-

ligation as set forth in ~ion 4(a) below, (Ii) in case know shall coe to
an insured hereunder of any claim of title or interes which is advers to th title to the estte or intere, as insred, and whic might caus loss or dam-

dence and memoranda in the custod or corol of a third part, which reasonably pertin to the loss or damage. All information designated as cofidential by the insured claimant provded to the Company pursuant to this Setion
shll not be discosed to other unless, in the reasonable judgment of the

age for whch the Compa may be liable by virtue of this poic, or (I if tile to
the estte or interes as insured, is rejeced as unmaabe. shll not be given to the Company, thn as to the insured all

if propt notice
liability of. the

Company, it is necessary in the administration of the claim. Failure of the insured climant to submit for examinatio under oath, produc other reasonably requesed information or grat permision to secure resonablY neessary infortion fro thrd paies as

require in this paragra shall termi~

Coany shall terminate wi regrd to the matter or matter for which prmpt noce is require; prvided, hower, that failure to noify th Copany shall in no case prejudice th rights of any insred under this poic unles the

nate any liabilty of the Company under this polio/ as to that claim.

6. OPTIONS TO PAY OR OTHERWISE SETLE CLIMS; TERMINATION

Cony shall be prejudice by the failure and the only to th extent of the prUDice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE

OF LIABILIT In case 01 a claim under this poicy, the Company shall have the following

aditionaroptions:
(a) To Pa or Tender Pament of the Amount of Insurance. To payor tender payment of the amount of insurance under. this poicy

(a) Upo written request by the insured an subjec to the options containe in Setio 69f these Conditions and Stipulations, the Company, at its

togther with any costs, attorneys' lee and expenses incurred by the insured claimant, which were authoried by the Company, up to the time of payment or
tender of payment and whic the Company is obligated to pay. Upo the exercise by the Company of this option, all liabilty and obligations
to the insured under this policy, other

ow co an without unreasnable delay, shll pro for the delense of an
insure in litigation in which any third pa ass a clim adverse to the title
or interest as insured, bu

only as to tho stted causes of action alleging a

defec,lien or encumbrance or other matter inred against by this polic. The
to the stated causes of action and shall no be li lor and wil no pay the

Copany shall have the right to selec consf of its cho (subject to the
right of the insured to objec for reasonable caus) to represent the insured as

cancellation. . . . .
WIth the Insure Claimant.

than to make the payment reuired, shall

terminate, including any liability or obligation to defend,.prosecute, or.co~ tinue any litigation, and the policy shall be surrendered to the Company.for

fee of any otr counseL. The Company will no pay any fees, costs or

(b) To Payor Otherwis Settle With Parties Other than thelñSUre or
(I) to payor otherwise settle with othel' parties for or in the name of an

exps incurred by the insured in th defense of those causes of action

wh alle matters no insured agains by this poic.

(b) Th Cony shll have the right at it ow co, to insitute and
pre

inured clmant any claim insured agains under this policy, toger with any
cos, attors' fees and expnses incurr by the insured c1aima~ which

any acio or prng or to do any other act which in it opnin

ma be ness or desirale to es th tite to th este or intere, as
Ined, or to pm or reuc lo or dama to th insur. Th Company

wee authorized by the Company up to th time of paymen and whic the
Coany is obligated to pay; or
expnss incurred by the insured claimant whch were authored by: the
Company up to the time of payment and Whch the Copany is obligate to

may take any appropate actio under the term of this pocy, whether or not

it shl be liab hereunder, and shall no thre conced libility or waive any
pr of this policy. If the Coy sh exercise its righs undr this

prided for undr this policy, togther with any cos, attornys' fees and

(Ii) to payor otherwise settle wi th insured claimant the loss ~r ctmage

paragra. it shall do so diligently_

pay.
PI Ti: 00(\(\ 1 0

Case 3:02-cv-01095-CFD

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Page 5 of 9

Upon the exercise by the Company of eitt, the options provided for in
paagraphs (bXi) or (ìi), the Company's obligalK.ns to the insured under this

in accodanc with these Conditions and Stipulations, the los or dClmage
shall be payable within 30 days thereafter.

(b) When liability ar ,_ ..ie extent of los or damage has ben definitely fixed

made, shall terminate, incuding any liability or obgation to defend, pr_ cue or COtinu any litigatio.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE

poric fo the claimed loss or damage, other than the payments required to be

13. SUBROGTION UPON PAYMENT OR SETTLEMENT

This po is a contract of indemnity against actual monetary loss or damage susined or incurred by the insured claimant who has sufered loss or

(8) The Company's Right of Subroation.

Whenever the Company shall have settle and paid a claim under this
of the insured claimant
policy, all right 01 subrogation shall vest in the Company unaffected by any act

damage by reason of matters insured against by this polic and only to the exten herein descibe.
(a) The liability 01 the Company under this policy shall not excee the least
of:
(i the Amunt of Insurance stted in Schedule A; or,

The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
proprt in respect to the claim had this policy not ben issue.

insured and the value of the insured estte or interest subject to the defect, lien or encmbrance insured against by this policy.

(Ii) th difference between the value of the insured estate or interest as

the Company, the insured claimant shall transfer to the Company all rihts
and remedies against any person or proprty necessary in or to perfec

If r~uested by

this ñght of subroation. The insured claimant shall permit the Company to
sue, copromise or settle in the name of the insured claimant atk to ùse the name of the insured claimant in åny transaction or litigation invoving these

Poic is less than 80 percent of the value of the insured estate or interes or
the full coration paid for the land, whicever is less, or if subsequent to

(b) In the event the Amunt of Insurance stated in Schedule A at the Date of

rights or remedies. _
amount of the loss.

the Date of Poicy an improvment is ereced on the land which increases the
value of the insed estte or interest by at leas 20 pecent ovr the Amount of

If a payment on account of a claim does not lully cover the lo of the

insured claimant, the Company shall be subrogated to these rights and reme-

Insuranc stted in Scedule A,then this Poric is subjec to the following:

dies in the propoion which the Company's payment bears to the whe
If lo should result from any act of the insured claimant, as stated above,

(i whr.e no subsuent improvement has ben made, as to any partial LO, th Compny shan only ¡Jy the lo pro rata in the proportion that the amont of insuranc at Date of Poic bears to the total value of the insured estte or interes at Date of Poic or

that act shall not vo this policy, but the Company, in that event, shan be
required to pay only that part of any losss insured agains by this policy whic shaH exce the amount, if any, lost to the Company by reasn of the impir-

the Amunt of Insuranc stated in Scule A and the amount expend for

LO, th Copany shan only pay th lo pro rata in the prportion that 120 pent 01 the Amunt of Insanc stted in Scheule A bers to the sum of

(ü whre a subsuent imprment has ben made, as to any partial

me by the insured claimant of the Company's riht 01 subrotio.

th imprment.

Th provisi of this paragrap shall no aply to costs, attorneys' fees

(b) The Company's Rights Against Non-nsure Obligors. The Copany's ñght of subrogation against nonnsre obligors shall exist an shall incude, without limitation, the ñghts of the insured to ind
nities, guaranties, other policies of insurance or bonds, nothstanding any

an expnses for whic the Compay is liable under this poicy, and shall only

terms or conditions containe in those instruments whic prode for subrogation rights by reason of this policy.

th Amnt of Insura stated in Scheule A.
8. APPORTIONMEN

ap to tht portion of any lo which exceeds, in the aggregte, 10 percent of

incrred in accrdan wit Secion 4 of these Coitions and Stipulations.

(c) Th Copany will pay only th cos, attorneys' fees and expenses

14. ARBITRATION

Unless prohibited by applicble law, either the Company or the insured may

demand arbitration pursuant to the Title Insurance Aritratio Rules of the
Ameñcan Arbitration Asociation. Arbitrable matters may include, bu are not

If th la desbe in Scedule A consis of tw or more parcels whic
ar no us as a single sie, and a lo is esish affecting on or more of

th parcels but no an, the loss shan be compued and sele on a pro rata

ba as if th amount of insra und this poric wa divided pro rata as to
th va on Date of Pocy 01 each septe parce to the wh, excluse of

limited to, any cotrovrs or claim between the Company and the insured aring out of or relating to this poic, any servce of the Company in connection with its isuance or the breach of a polic provision or other obligatio. All
arbitrale matters when the Amont of Insurance is $1,00,00 or less shall be artrated at the option of either the Company or the insure. All arbtrable matter when the Amount of Insurance is in excess 01$1,00,00 shall be
arbrated only when agree to by bOth the Company and the insred. Artra-

an impren made subsuent to Date of Poric, unles a liability or
vaue ha ot be agree upon as to each parcl by the Company and
th inre at th time of the iSuanc of this polic and shown by an exprs

sttement or by an enrsement atthed to this poicy.
9. UMITATION OF LIABILI

tion' pursuant to this policy and under the Rules in effec on the date the demand for arbitration is made or, at the option of the insured, the Rules in

or enmbranc, or cures the lack of a right of acc to orltom the land, or cures the clim of unmarketability of title, all as insured, in a reasoably dilget manner by any met, including litigation and the compltion of any ap threfrom, it shall have luliy performed its obligations wi respe to tht matter and shall no be liab fOr any loss or damage caus thereby.

(a) If th Company esblishes the title, or removes the alleg defec, lien

effec at Date of Policy shall be bindng upon the parties. The award may includ attorneys' fees only if the laws of the state in whic the land is loted
permit a court to award attorneys' fees to a prevailng part. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having

juñsdicton thereof. Th law of the situs of th land shall apply to an arbitration under the ritle
Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon reque

th Copany's cont, the Company shall have no liablity for lo or dam
age until thee ha ben a final determination by

(b) In th evnt of any liigatiOri, incuding litigation by the cOmpany or wih

a court of compeent juñsdic-

ti, an ÖlSpoition of all apals therefrom, advers to the title as insure.

15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This poicy togther with all endorsments, if any, attache hereto by

lili voluntaly asmed by the insured in setling any claim or suit without
th pñ wrien consent of the Company.

. (c) The Company shall not be liable for loss or damage to any insured for

Compny is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed

the

10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF

as a whle.
which arises out of the status of the title to the estate or interest coered hereby or by any action asserting such claim, shall be restricted tothis policy.
(b) Any claim of loss or damage, whether or not based on negligence. and

LIABILI
All payments under this poicy, except payments made for costs, attorneys' the insurance pro tanto. 11. LIABILITY NONCUMULATIVE
fees ànd expnses, shall reduc the amount of. It is expesy undrsoo that

a wñting endrsed hereon or attached hereto signed by either the Presdent, a

(c) No amendment of or endorsement to this policy can be made except by

the amont of insuran undr this policy

shall be reduc by any amont the Company may pay under any poicy

Vic President, the Seretary, an Assistant Secretary, or validating offcer or autñzed signatory of the Company.
16. SEVERABILITY In the event any provision 01 the policy is held invalid or unenfoceable under applicable law, the policy shall be deemed not to incude that provision and all other prosions shall remain in full force and effec.
17. NOTICES. WHERE SENT

insuring a mortgage to which exception is taken in Scheule B or to which the

insured has agree, asume, or taken subect, or which is hereafter execed by an inured and which is a charge or lien on the estate or interest

debe or referred to in Scedule A, and the amount so paid shall be deed a paymen unr this policy to the insured ower: 12. PAYMEN OF LOSS

me 01 th pa unless the poric ha ben lo or destroye, in wh
ca pr 01

(a) No paym shn be made wihout. proucng this poic for end
lo or deruio shall be lumishe to the satisfacn 01 th

Cony.

All notics required to be given the Company and any sttement in wnting required to be lurnisl- the Company shall include the number of this policy and shn be addresse to the Copany at the issuing offce or to:

Chicgo Title Insurance Company
Claims Department
171 North Clark Stret

Re Fo No. 82 (R. 10-11-9

Chicago, illinois 60601-3294

PL TF 000020 , .

Case 3:02-cv-01095-CFD

Document 86-7

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Page 6 of 9

CHICAGO TITLE v. KENT SCHOOL

January 9, 2004

Page I
1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE DISTRICT OF CONNECTICUT
3

x

4 CHICAGO TITLE INSURCE

6 Plaintiff, Civil Action No. 7 vs. 3: 02CVI095
8 KENT SCHOOL CORPORATION, : (CFD)
9

5 COMPAN ,

10 11
;...

------------x
Deposition of PHILIP J. FANING,
,

Defendant.

I,

:,- J 12
13

14

taken pursuant to the Federal Rules of Civil

15

Procedure at the law offices of Murtha Cullina

I
I

I.

16 17
18

LLP, CityPlace, Hartford, Connecticut, before

Elizabeth A. Zawacki, LSR #00087, a Registered
Merit Reporter and Notary Public in and for the
State of Connecticut, on Friday, January 9,
2004, at 12:30 p.m.

19

20

21
22
23
'.... ."t.

24

25
~. ~.,. ~
"_._,-...-.~_..,-",~;:.~..._, ,. --~.'- -;. "

SANDERS, GALE & RUSSELL

(203)624-4 i 57

Case 3:02-cv-01095-CFD

Document 86-7

Filed 11/21/2006

Page 7 of 9

CHICAGO TITLE v. KENT SCHOOL

January 9, 2004
Page 70

1 policy, II parentheses, 1110-21-87. II

2 Exhibit 7 is a document entitled,
3 IIAmerican Land Title Association Owners Policy, II in

4 parentheses, 114 -6/90. II

5 Exhibit 8 is a document entitled,
6 IIAmerican Land Title Association Owners Policy, II

7' parentheses 1110-17/92," clòse parentheses; and all

8 of these exhibits, 4, 5, 6, 7, 8, are Chicago Title

9 Insurance Company policies.

10 Do you agree, Mr. Heffernan? 11 MR. HEFFERNAN: Yes. You should say 12 policy forms.
13

MR. BRAY:' I agree, policy forms.
BY MR. BRAY:

14
15 16

Q. Now, Mr. Fanning, you i ve got these 4, 5,
6, 7 and 8 policy forms in front of you. Have you
reviewed these before today?

17
18

A.
Q.

I've seen them before, yes.

19

And indeed, these are the documents that

20 you referred to as having gathered in connection
21 with the response to question number 4 on exhibit

22 number 3?
23 24
A.
Q.

Right.
So we have it clear, Exhibit 4, is this a

25 successor form of policy to the form of Exhibit 2?
SANDERS, GALE & RUSSELL
(203 )624-4157

Case 3:02-cv-01095-CFD

Document 86-7

Filed 11/21/2006

Page 8 of 9

CHICAGO TITLE v. KENT SCHOOL

January 9,2004
Page 75

1 2

A.
Q.

Yes.
Based upon your research and the documents

3 you have in front of youi do you, as a spokesperson

4 for Chicago Title, have an approximate date as to

5 when number 7 form replaced number 6 form?
6

A.

It would be sometime after April 6 of

7 1990.
8
9

Q.

Would it be fair to say that number 5 and
6

number
A.

were

utilized in the
5

1980s?
6

10 11
12
13 14

Number

and number

were used in the
I

1980s.
7,

fair. Would it be fair to say that item Q. Exhibit 7 i was utilized in the ' 90s?
That would be
A.
Q.

number

i ,

¡ I

Yes.
Turn the page, turn to the next document.

15

16 That's Exhibit 8. Do you see that, sir?

17 A. Yes. 18 Q. At the top there's a parenthesis,
19 10-17-92 .Do you see that?

20 A. Yes.
21 Q. As a spokesperson for Chicago Title, can
22 you tell us when Exhibit 8 form replaced Exhibit

23 Number 7 form as utilized by Chicago Title?
24
A.

It would have been sometime after October

25 17 of '92.
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SANDERS, GALE & RUSSELL

(203)624-4157

Case 3:02-cv-01095-CFD

Document 86-7

Filed 11/21/2006

Page 9 of 9

CHICAGO TITLE v. KENT SCHOOL

January 9, 2004
Page 76

i

Q.

To the best of your knowledge, as a

2 spokesperson for Chicago Ti tIe, is form number 8

3 utilized today?
4

A.
Q.

Yes _

5

Just so we are - - go back to the beginning

6 to make sure I have this clear. Exhibit 4, this is
7 the form that replaced the Exhibit 2 form?
8

A.

Again, I don't mean to be difficult, but

9 if you i re saying - - if you notice, Exhibi t 4 does

10 not say American Land Title Association policy
11

owner's form B1970, amended 10-17-70, formerly NYBTU
l

12 form, as these other ones say "formerly," so I don't
13 think that there was a relatioriship between NYBTU

14 and American Land Title. I just think that one

15 stopped being used and the other one began being

16 used.
17
Q.

So I'm absolutely clear, Exhibit 4 was the

18 form that Chicago Title utilized when it stopped
19
using the NYBTU form as reflected in Exhibit 2?

20 21

A. Right.
Q. I think you told us before, but I want to

l
i
I

22 be clear. NYBTU is a completely different

I

23 organization than ALTA, correct?
24

A.

Right; although it may have had

25 cross-membership.

."-,.;.--~

..

SANDERS, GALE & RUSSELL

(203)624-4157