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7/30/2019 20 Answer Chicago Title
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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURIWESTERN DIVISION
CITY OF BRANSON, MISSOURI )
)Plaintiff, )
)vs. )
)
FIRST AMERICAN TITLE INSURANCE ) Case No. 6:12-cv-03387-GAFCOMPANY, et al., )
)
Defendants. )
DEFENDANT CHICAGO TITLE INSURANCE COMPANYS
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW defendant Chicago Title Insurance Company ("CTIC"), by and
through counsel, and states as follows in response to the Complaint asserted by plaintiff
City of Branson, Missouri:
ANSWER
CTIC states as follows for its Answer:
1. Denied due to a lack of sufficient knowledge, information, and/or belief.2. Denied due to a lack of sufficient knowledge, information, and/or belief.3. Admitted with respect to state of incorporation. Denied with respect to principal
place of business.
4. Admitted with respect to state of incorporation. Denied with respect to principalplace of business.
5. Admitted.6. Denied.7. Admitted.8. Denied due to a lack of sufficient knowledge, information, and/or belief.
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9. Admitted.10.Denied due to a lack of sufficient knowledge, information, and/or belief.11.Denied due to a lack of sufficient knowledge, information, and/or belief.12.Denied due to a lack of sufficient knowledge, information, and/or belief.13.Denied due to a lack of sufficient knowledge, information, and/or belief.14.Denied due to a lack of sufficient knowledge, information, and/or belief.15.Denied due to a lack of sufficient knowledge, information, and/or belief.16.Denied due to a lack of sufficient knowledge, information, and/or belief.17.
Denied due to a lack of sufficient knowledge, information, and/or belief.
18.Denied due to a lack of sufficient knowledge, information, and/or belief.19.Denied due to a lack of sufficient knowledge, information, and/or belief.20.Denied due to a lack of sufficient knowledge, information, and/or belief.21.Denied due to a lack of sufficient knowledge, information, and/or belief.22.Denied.23.Denied.24.Denied.25.Denied due to a lack of sufficient knowledge, information, and/or belief.26.Denied due to a lack of sufficient knowledge, information, and/or belief.27.Denied.28.Denied.29.Denied with respect to payment of premium; admitted with respect to fact that no
policy was ever issued.
30.Denied due to a lack of sufficient knowledge, information, and/or belief.
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31.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof isdemanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
32.Denied due to a lack of sufficient knowledge, information, and/or belief.
33.Denied due to a lack of sufficient knowledge, information, and/or belief.34.Denied due to a lack of sufficient knowledge, information, and/or belief.35.Denied due to a lack of sufficient knowledge, information, and/or belief.36.These allegations purport to summarize a written exhibit which is attached to
plaintiff's complaint, which speaks for itself, and of which strict proof isdemanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
37.Denied due to a lack of sufficient knowledge, information, and/or belief.38.Denied due to a lack of sufficient knowledge, information, and/or belief.39.These allegations purport to summarize a written exhibit which is attached to
plaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized saidexhibit in any way, those allegations are denied.
40.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
41.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized saidexhibit in any way, those allegations are denied.
42.Denied due to a lack of sufficient knowledge, information, and/or belief.43.Denied due to a lack of sufficient knowledge, information, and/or belief.44.Denied due to a lack of sufficient knowledge, information, and/or belief.45.Denied due to a lack of sufficient knowledge, information, and/or belief.46.Denied due to a lack of sufficient knowledge, information, and/or belief.
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47.Denied due to a lack of sufficient knowledge, information, and/or belief.48.These allegations purport to summarize a written exhibit which is attached to
plaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
49.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
50.Denied due to a lack of sufficient knowledge, information, and/or belief.51.Denied due to a lack of sufficient knowledge, information, and/or belief.52.
Denied due to a lack of sufficient knowledge, information, and/or belief.
53.Denied due to a lack of sufficient knowledge, information, and/or belief.54.Denied due to a lack of sufficient knowledge, information, and/or belief.55.Denied due to a lack of sufficient knowledge, information, and/or belief.56.Denied due to a lack of sufficient knowledge, information, and/or belief.57.Denied due to a lack of sufficient knowledge, information, and/or belief.58.These allegations purport to summarize a written exhibit which is attached to
plaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized saidexhibit in any way, those allegations are denied.
59.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof isdemanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
60.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof is
demanded. To the extent plaintiff has misconstrued or mischaracterized saidexhibit in any way, those allegations are denied.
61.These allegations purport to summarize a written exhibit which is attached toplaintiff's complaint, which speaks for itself, and of which strict proof is
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demanded. To the extent plaintiff has misconstrued or mischaracterized said
exhibit in any way, those allegations are denied.
62.Denied due to a lack of sufficient knowledge, information, and/or belief.63.
Denied due to a lack of sufficient knowledge, information, and/or belief.
64.Denied due to a lack of sufficient knowledge, information, and/or belief.65.Denied due to a lack of sufficient knowledge, information, and/or belief.66.Denied due to a lack of sufficient knowledge, information, and/or belief.67.Denied due to a lack of sufficient knowledge, information, and/or belief.68.Denied due to a lack of sufficient knowledge, information, and/or belief.69.Denied due to a lack of sufficient knowledge, information, and/or belief.70.Denied due to a lack of sufficient knowledge, information, and/or belief.71.Denied due to a lack of sufficient knowledge, information, and/or belief.72.Denied due to a lack of sufficient knowledge, information, and/or belief.73.Denied due to a lack of sufficient knowledge, information, and/or belief.74.Denied due to a lack of sufficient knowledge, information, and/or belief.75.Denied due to a lack of sufficient knowledge, information, and/or belief.76.Denied due to a lack of sufficient knowledge, information, and/or belief.77.Denied due to a lack of sufficient knowledge, information, and/or belief.78.Denied due to a lack of sufficient knowledge, information, and/or belief.79.Denied due to a lack of sufficient knowledge, information, and/or belief.80.Admitted with respect to fact that no policy was issued; all remaining allegations
denied.
81.Admitted with respect to fact that no policy was ever issued; all remainingallegations denied due to insufficient, knowledge, information, and belief.
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82.Admitted with respect to the fact that the referenced written demand was made;all remaining allegations denied.
83.Admitted.84.
Admitted with respect to the fact that the referenced correspondence was made;all remaining allegations denied.
85.Admitted.86.Denied.87.Denied.
COUNT I
Count I does not contain any allegations directed to Chicago Title. Chicago Title
therefore makes no response to the allegations contained in Count I. To the extent any of
the allegations contained in Count I are herein after construed as having been asserted
against Chicago Title, they are denied.
COUNT II
Count II does not contain any allegations directed to Chicago Title. Chicago Title
therefore makes no response to the allegations contained in Count II. To the extent any of
the allegations contained in Count II are herein after construed as having been asserted
against Chicago Title, they are denied.
COUNT III
Count III does not contain any allegations directed to Chicago Title. Chicago
Title therefore makes no response to the allegations contained in Count III. To the extent
any of the allegations contained in Count III are herein after construed as having been
asserted against Chicago Title, they are denied.
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COUNT IV
117. All previous responses are adopted and incorporated herein by reference.
118. Denied.
119. Denied.
120. Admitted with respect to fact that Chicago Title contends that no policy was
issued; denied as to all remaining allegations.
121. Denied.
122. Denied.
123. Denied.
124. Denied.
125. Denied.
126. Denied.
127. Denied.
COUNT V
128. All previous responses are adopted and incorporated herein by reference.
129. Denied.
130. Denied.
131. Denied with respect to allegation that a policy was in force and effect at any
time. All remaining allegations denied due to insufficient knowledge,information, and/or belief.
132. Denied due to a lack of sufficient knowledge, information, and/or belief.
133. Admitted.
134. Admitted with respect to denial of coverage; all remaining allegations denied.
135. Denied.
136. Denied.
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137. Denied.
138. Denied.
COUNT VI
139. All previous responses are adopted and incorporated herein by reference.
140. Denied.
141. Denied due to a lack of sufficient knowledge, information, and/or belief.
AFFIRMATIVE DEFENSES
CTIC hereby asserts the following affirmative defenses, together or in the
alternative, to the claims set forth in plaintiff's Complaint:
1. Counts IV, V, and VI of plaintiffs Complaint are barred due to the indefinitenessof the contract for which plaintiff seeks a declaratory judgment, money damages
for breach of contract, and statutory damages for vexatious refusal.
2. Count VI of plaintiffs Complaint is barred due to plaintiffs lack of standing toclaim relief under Missouris vexatious refusal statute, which by its own terms
only applies to claims on any contract of insurance issued or delivered in this
state to a resident of this state . . . See R.S.Mo. Section 375.296.
3. Counts IV, V, and VI of plaintiffs Complaint are barred by equitable estoppels.3. To the extent a contract is herein deemed to have been formed between plaintiff
and CTIC, CTIC's non-performance is excused by and plaintiffs recovery
under Counts IV, V, and VI of its Complaint are barred due to a mistake of fact.
4. To the extent a contract is herein deemed to have been formed between plaintiff
and CTIC, CTIC's non-performance is excused by - and Counts IV, V, and VI of
plaintiffs Complaint are barred by virtue of - the fact that, upon information and
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belief, Tri-Lakes Title Insurance Company, Inc. lacked the capacity and authority
to enter into said contract on behalf of CTIC.
5. Plaintiffs recovery under Counts IV, V, and VI of its Complaint is barred by
virtue of the fact that it has not incurred a loss which would be compensable if
said contract had ever been issued.
6. CTIC reserves the right to assert additional affirmatives upon discovery of facts
relating to or evidencing the same.
WHEREFORE, having fully answered plaintiff City of Branson, Missouris
Complaint, and having further asserted Affirmative Defenses to the same, defendant
Chicago Title Insurance Company prays this Court for its entry of an Order dismissing
said Complaint with prejudice, awarding said defendant its costs and fees incurred herein,
and awarding such other and further relief this Court deems just and proper under the
premises.
Respectfully submitted,
MARTIN, LEIGH, LAWS & FRITZLEN, P.C.
/s/ Shawn T. Briner______________________
Shawn T. Briner, #47286MO
16305 Swingley Ridge Rd., Ste. 350
Chesterfield, MO 63017Telephone: (636) 534-7600
Facsimile: (636) 534-5520
stb@mllfpc.com
ATTORNEYS FOR CERTAIN DEFENDANTS
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mailto:stb@mllfpc.commailto:stb@mllfpc.commailto:stb@mllfpc.com7/30/2019 20 Answer Chicago Title
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CERTIFICATE OF SERVICE
The undersigned certifies that a true and complete copy of the foregoing was
served on the 14th
day of September, 2012 via the Courts ECF system upon all counsel
of record.
/s/ Shawn T. Briner______________________
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