Open Forum

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

Hi Ryan,

Not sure if it's the same thing you are referencing, however, we leave the legal description as is on the deed and the policy and then we have an exception added to the policy that specifically states that we do not insure as to the acreage stated.

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

Hi Ashley,

Thank you for sharing how you handle this.

Our concern with relying on an exception is that it can still be ambiguous and not always clear to the consumer. If this were ever challenged, it could be argued that the scope of coverage was not clearly disclosed, as the limitation appears in the exception rather than in the insured description itself.

At our underwriter's guidance, we are instructed to maintain two separate legal descriptions: one for the deed and one for the commitment/policy, rather than addressing acreage solely through an exception. 

Best,

Ryan

<scribe-shadow id="crxjs-ext" data-crx="okfkdaglfjjjfefdcppliegebpoegaii" style="position: fixed; width: 0px; height: 0px; top: 0px; left: 0px; z-index: 2147483647; overflow: visible; visibility: visible;"></scribe-shadow>

Hi Ryan,

Not sure if it's the same thing you are referencing, however, we leave the legal description as is on the deed and the policy and then we have an exception added to the policy that specifically states that we do not insure as to the acreage stated.

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

Hi Ashley,

Thank you for sharing how you handle this.

Our concern with relying on an exception is that it can still be ambiguous and not always clear to the consumer. If this were ever challenged, it could be argued that the scope of coverage was not clearly disclosed, as the limitation appears in the exception rather than in the insured description itself.

At our underwriter's guidance, we are instructed to maintain two separate legal descriptions: one for the deed and one for the commitment/policy, rather than addressing acreage solely through an exception. 

Best,

Ryan

<scribe-shadow id="crxjs-ext" data-crx="okfkdaglfjjjfefdcppliegebpoegaii" style="position: fixed; width: 0px; height: 0px; top: 0px; left: 0px; z-index: 2147483647; overflow: visible; visibility: visible;"></scribe-shadow>

Hi Ryan,

Not sure if it's the same thing you are referencing, however, we leave the legal description as is on the deed and the policy and then we have an exception added to the policy that specifically states that we do not insure as to the acreage stated.

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

The description in your deed and policy is simply put the description of the land that YOU will insure, regardless of what appears in the deed.  One would hope that they are congruous, but there are instances where they might be different.  Certainly you should NEVER include acreage in your description AND you should set forth a specific Exception in B-II that states the Policy will/does not insure acreage.

Instances where the deed might be different from the policy description could be caused by a slightly different survey description, or where property adjoins a body of water and the water boundaries are not fully or accurately represented on a survey.  Or where an insured dos not get a survey and the description is ancient, lacking a modern metes and bounds description.  There are numerous scenarios where the deed might not match the policy description.  Too many to list here.

Hi Ashley,

Thank you for sharing how you handle this.

Our concern with relying on an exception is that it can still be ambiguous and not always clear to the consumer. If this were ever challenged, it could be argued that the scope of coverage was not clearly disclosed, as the limitation appears in the exception rather than in the insured description itself.

At our underwriter's guidance, we are instructed to maintain two separate legal descriptions: one for the deed and one for the commitment/policy, rather than addressing acreage solely through an exception. 

Best,

Ryan

<scribe-shadow id="crxjs-ext" data-crx="okfkdaglfjjjfefdcppliegebpoegaii" style="position: fixed; width: 0px; height: 0px; top: 0px; left: 0px; z-index: 2147483647; overflow: visible; visibility: visible;"></scribe-shadow>

Hi Ryan,

Not sure if it's the same thing you are referencing, however, we leave the legal description as is on the deed and the policy and then we have an exception added to the policy that specifically states that we do not insure as to the acreage stated.

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

The description in your deed and policy is simply put the description of the land that YOU will insure, regardless of what appears in the deed.  One would hope that they are congruous, but there are instances where they might be different.  Certainly you should NEVER include acreage in your description AND you should set forth a specific Exception in B-II that states the Policy will/does not insure acreage.

Instances where the deed might be different from the policy description could be caused by a slightly different survey description, or where property adjoins a body of water and the water boundaries are not fully or accurately represented on a survey.  Or where an insured dos not get a survey and the description is ancient, lacking a modern metes and bounds description.  There are numerous scenarios where the deed might not match the policy description.  Too many to list here.

Hi Ashley,

Thank you for sharing how you handle this.

Our concern with relying on an exception is that it can still be ambiguous and not always clear to the consumer. If this were ever challenged, it could be argued that the scope of coverage was not clearly disclosed, as the limitation appears in the exception rather than in the insured description itself.

At our underwriter's guidance, we are instructed to maintain two separate legal descriptions: one for the deed and one for the commitment/policy, rather than addressing acreage solely through an exception. 

Best,

Ryan

<scribe-shadow id="crxjs-ext" data-crx="okfkdaglfjjjfefdcppliegebpoegaii" style="position: fixed; width: 0px; height: 0px; top: 0px; left: 0px; z-index: 2147483647; overflow: visible; visibility: visible;"></scribe-shadow>

Hi Ryan,

Not sure if it's the same thing you are referencing, however, we leave the legal description as is on the deed and the policy and then we have an exception added to the policy that specifically states that we do not insure as to the acreage stated.

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

Personally, I've never had a situation where my deed description and my policy/commitment description for a property were different and I'm having trouble imagining a scenario where it would. Can you provide an example?

You should really be getting your answer from your underwriter but here is how I handle it. Prior to using 2021 policy forms an exception for acreage was added to schedule B and the description used was the same description as the deed. When using a 2021 policy form I use the description from the deed. There is no need for the exception because it is written into the jacket. 

You should really be getting your answer from your underwriter but here is how I handle it. Prior to using 2021 policy forms an exception for acreage was added to schedule B and the description used was the same description as the deed. When using a 2021 policy form I use the description from the deed. There is no need for the exception because it is written into the jacket. 

You should really be getting your answer from your underwriter but here is how I handle it. Prior to using 2021 policy forms an exception for acreage was added to schedule B and the description used was the same description as the deed. When using a 2021 policy form I use the description from the deed. There is no need for the exception because it is written into the jacket.