Laserfiche WebLink
of any loss, costs, attorneys' fees, and expenses paid bythe <br />Company. If requested bythe Company, the Insured Claimant <br />shall execute documents to evidence the transfer to the <br />Com-pany of these rights and remedies. The Insured <br />Claimantshall permitthe Companyto sue, compromise, or <br />settle in the name ofthe Insured Claimantand to use the name <br />ofthe Insured Claimantin anytransactionorlitigation involving <br />these rights and remedies. <br />If a payment on account of a claim does not fully cover the loss of <br />the Insured Claimant, the Companyshall defer the exercise of its <br />right to recover until after the Insured Claimant shall have <br />recovered its loss. <br />(b) The Company's rightof subrogation includes the rights of the <br />Insured to indemnities, guaranties, other policies of insurance, <br />or bonds, notwithstanding any terms or conditions contained <br />in those instruments that address subrogation rights. <br />14. ARBITRATION <br />Unless prohibited by appIicable law, arbitration pursuant to the Title <br />Insurance Arbitration Rules ofthe American Arbitration Association <br />maybe demanded if agreed to by both Companyand the insured <br />at the time of the controversy or claim. Arbitrable matters may <br />include, but are not limited to, any controversy or claim between <br />Companyand the insured arising outofor relating to this policy, <br />and service of Company in connection with its issuance or the <br />breach of policy provision or other obligation. Arbitration pursuant <br />to this policy and underthe Rules in effect on the date the demand <br />for arbitration is made or, at the option of the insured, the Rules in <br />effect at Date of Policy shall be binding upon the parties. The award <br />may include attorneys' fees onlyifthe laws of the state in which the <br />land is located permit a court to award attorneys' fees to a <br />prevailing party. Judgment upon the award rendered by the <br />Arbitrator(s) may be entered in any court having jurisdiction <br />thereof. <br />The law ofthe situs ofthe land shall applyto an arbitration under <br />the Title Insurance Arbitration Rules. <br />A copy of the Rules may be obtained from the Company upon <br />request. <br />15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE <br />CONTRACT <br />This policy together with all endorsements, if any, attached to <br />it by the Company is the entire policy and contract between <br />the Insured and the Company. In interpreting anyprovision of <br />this policy, this policyshall be construed as a whole. <br />Any claim ofloss or damage that arises outof the status ofthe <br />Title or by any action asserting such claim whether or not <br />based on negligence shall be restricted to this policy. <br />Any amendment of or endorsement to this policy must be in <br />writing and authenticated by an authorized person, or <br />expressly incorporated by Schedule Aof this policy. <br />Each endorsementto this policy issued atanytime is made a <br />part of this policy and is subject to all of its terms and <br />provi-sions. Except as the endorsement expressly states, it <br />does not (i) modify any of the terms and provisions of the <br />policy, (ii) modifyany prior endorsement, (iii)extend the Date <br />of Policy, or (iv) increase the Amount of Insurance. <br />16. SEVERABILITY <br />In the event any provision of this policy, in whole or in part, is held <br />invalid or unenforceable under applicable law, the policy shall be <br />deemed notto include thatprovision orsuch part held to be invalid, <br />but all other provisions shall remain in full force and effect. <br />ALTA 6-17-06 Ow ner's Policy (with Florida modifications) <br />WFG National Form No. 3155412 <br />17. CHOICE OF LAW; FORUM <br />(a) Choice of Law: The Insured acknowledges the Com panyhas <br />underwritten the risks covered by this policy and determined <br />the premium charged therefor in reliance upon the law <br />affecting interests in real property and applicable to the <br />interpretation, rights, remedies, or enforcement of policies of <br />title insurance of the jurisdiction where the Land is located. <br />Therefore, the court or an arbitrator shall apply the law of the <br />I urisdiction where the Land is located to determ ine the validity <br />of claims againstthe Title that are adverse to the Insured and <br />to interpretand enforce the terms ofthis policy. In neithercase <br />shall the court or arbitratorapply its conflicts of law principles <br />to determine the applicable law. <br />(b) Choice of Forum: Any litigation or other proceeding brought <br />by the Insured against the Company mustbe filed only in a <br />state or federal courtwithin the United States of America or it <br />territories having appropriate jurisdiction. <br />18. NOTICES, WHERE SENT <br />Any notice of claim and anyother notice orstatementin writing <br />required to be given to the Companyunderthis policy m ustbe <br />given to the Com panyat 12909 SW 68th Parkway, Suite 350, <br />Portland, OR 97223, Attention: Claims Department. WFG <br />National Title Insurance Company's telephone number is <br />(800) 334-8885. Email address: claims(a wfonationaltitle.com. <br />