Page 314 - ALTA Endorsements Guide

ADDENDUM RETURN TO TABLE OF CONTENTS

Loan Policy of Title insurance
[2021 v. 01.00 (07-01-2021)]

b. any rejection of the Title or the lien of the Insured Mortgage as Unmarketable Title.
If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company’s liability to the Insured Claimant under this
SAMPLE
policy is reduced to the extent of the prejudice.
4. PROOF OF LOSS
The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must state,
to the extent possible, the basis of calculating the amount of the loss or damage.

5. DEFENSE AND PROSECUTION OF ACTIONS
a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at its own cost and without unreasonable
delay, will provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select
counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those covered causes of
action. The Company is not liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred
by the Insured in the defense of any cause of action that alleges matters not insured against by this policy.
b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding
or to do any other act that, in its opinion, may be necessary or desirable to establish the Title or the lien of the Insured Mortgage, as insured, or to
prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it is
liable to the Insured. The Company’s exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under Condition 5.b., it must do so diligently.
c. When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final
determination by a court having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order.

6. DUTY OF INSURED CLAIMANT TO COOPERATE
a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the
Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose.
When requested by the Company, the Insured, at the Company’s expense, must give the Company all reasonable aid in:
i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and
ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien of the Insured
Mortgage, or any other matter, as insured.
If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company’s liability and obligations to the
Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such
cooperation.
b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the
Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence,
reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the Insured Claimant must grant its permission, in writing, for any
authorized representative of the Company to examine, inspect, and copy all the records in the custody or control of a third party that reasonably
pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant
to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the administration
of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by
law, terminates any liability of the Company under this policy as to that claim.

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