FNTIC ALTA Policy Comparisons
ALTA LOAN POLICY COMPARISON CHART This comparison chart is intended as a guide to identifying differences between the 2021 and 2006 ALTA policies. It should not be relied upon for the interpretation of these policies. Updated 07-14-2021 ALTA LOAN POLICY COMPARISON CHART Page | 24 2006 ALTA LOAN POLICY 2021 ALTA LOAN POLICY COMPARISON (v. 7-30-2021) COMMENTS 17. NOTICES, WHERE SENT 17.16. NOTICES, WHERE SENT SAME. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at [fill in]. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: ( [ fill in ] ) . SAME. 17. CLASS ACTION NEW CONDITION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS POLICY, ANY BREACH OF A POLICY PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS POLICY, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. NEW CONDITION. This Condition prohibits Class Action proceedings arising from the policy. 13. ARBITRATION [18. ARBITRATION SIMILAR. For reading convenience, Condition 13 of the 2006 ALTA Loan Policy is shown next to Condition 18 of the 2021 ALTA Loan Policy. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. a. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or All claims and disputes between the Company and the Insured arising out of or relating to this policy, including any service or other matter in connection with its issuanceissuing this policy, or the any breach of a policy provision, or to any other controversy or claim or dispute arising out of or relating to the transaction giving rise to this policy, may be solved by arbitration. All arbitrable matters whenIf the Amount of Insurance is $2,000,000 or less, any claim or dispute may be submitted to binding arbitrationshall be arbitrated at the electionoption of either the Company or the Insured. All arbitrable matters whenIf the Amount of Insurance is in excess ofgreater than $2,000,000, any claim or dispute may be submitted to binding arbitration shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“ALTA Rules”). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). The AAA Rules are available online at www.adr.org. SIMILAR. Condition 18 of the 2021 ALTA Loan Policy is an optional provision that a title insurer may include in the policy. The condition has been restructured to improve readability.
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