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> Frequently Asked Questions

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faq


This page provides the answers to Class Members' most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to carefully review the Notice.


Am I being sued?
What is this litigation about?
How do I know if I am a Class Member?
What does the Proposed Settlement provide?
How much will my payment be?
What are my legal rights and options?
Do I have a lawyer in this case?
Should I get my own lawyer?
Do I have to come to the hearing?
May I speak at the hearing?
How do I get more information?

Top Q: Am I being sued?
A: No, you are not being sued.
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Top Q: What is this litigation about?

A:

This lawsuit involves charges for owner’s title insurance premiums generated by residential purchase and sale transactions in the State of Ohio. In this lawsuit, Plaintiffs assert that Lawyers Title and or/ its agents should have provided Reissue Rate discounts to buyers and sellers of homes whenever a deed appeared within ten years in the chain of title, or that Lawyers Title and/or its agents failed to adequately disclose the potential availability of the discounted rates.

Lawyers Title has denied these allegations, believing that it and its agents fully complied with the applicable Reissue Rate rules, but, without admitting any liability, has decided to settle the action.

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Top Q: How do I know if I am a Class Member?

A:

In this case, Class Members include anyone satisfying ALL the following conditions:

  1. paid all or any portion of the premium for an owner’s policy of title insurance issued by Lawyers Title directly or through an issuing agent in connection with a residential purchase-sale transaction on property located in Ohio that took place between January 25, 1996 and July 1, 2008 (“the Purchase-Sale Transaction”);
  1. with respect to the Purchase-Sale Transaction, the “original” (or non-discounted) Rate, rather than the Reissue (discounted) Rate, was charged for the title insurance policy; and,
  1. the property which was sold in the Purchase-Sale Transaction was previously acquired and insured by a prior owner’s policy of title insurance issued by a licensed title insurance company within ten years of the Purchase-Sale Transaction.
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Top Q: What does the Proposed Settlement provide?
  A: Lawyers Title has agreed to create a $6,550,000 fund to satisfy the claims of qualified Class Members who return a timely and valid Proof of Claim Form.
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Top Q: How much will my payment be?
  A:

Payments will be in the amount of either $92.50 or $185.00, depending on your returned submission. To receive any kind of payment, you must timely complete, sign, have notarized, and submit the Proof of Claim Form, postmarked no later than July 22, 2009.

spacer OPTION 1: To receive a Settlement Payment of $92.50, along with your Proof of Claim Form you must submit one of the following from your Purchase-Sale Transaction:
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  1. the HUD-1 Settlement Statement from the Purchase-Sale Transaction demonstrating that a Lawyers Title owner’s policy was issued in the transaction; or,
  1. the Lawyers Title owner’s policy issued in the Purchase-Sale Transaction; or,
  1. other documentation demonstrating that a Lawyers Title owner’s policy was issued in the Purchase-Sale Transaction.
spacer OPTION 2: To receive the larger settlement amount of $185.00, you must complete the steps listed above and timely submit one of the following documents showing the purchase of a prior owner’s policy of title insurance from the same property within 10 years of the time (known as a “Qualifying Prior Policy”) of the Purchase-Sale Transaction:
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  1. a copy of the Qualifying Prior Policy; or,
  1. a copy of a HUD-1 Settlement Statement or such other reliable documentation from the transaction showing that a Qualifying Prior Policy was issued.
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Top Q: What are my legal rights and options?
  A:

You have five options at this time.

First, you may submit a claim form by July 22, 2009. To receive any kind of payment, you must complete the Proof of Claim form mailed with your original notice. This claim form must be completed in its entirety, must be signed and notarized, and returned with supporting documentation.

Second, you may exclude yourself from the Settlement by July 22, 2009. To exclude yourself from the settlement, you must send a letter including your name, address, telephone number and signature to the Claims Administrator. This is the only option that allows you to file your own lawsuit regarding the legal claims in this case.

Third, you may object to the settlement by April 2, 2009. To object to any part of the settlement, you must send a signed letter with your name, address, and phone number stating you object to Henderson v. LTIC. The letter must be mailed to the Court, Class Counsel, and Defense Counsel as described in the Notice.

Fourth, you may go to a hearing on April 23, 2009. You may ask the court for permission to speak at the Fairness Hearing. To request permission, you must first object to the proposed settlement, and then send a letter stating that it is your Notice of Intention to Appear in Henderson v Lawyers Title. The letter must be mailed to the Court, Class Counsel, and Defense Counsel, postmarked no later than April 2, 2009.

Finally, you may do nothing. If you do nothing you will not receive payment from the settlement fund nor will you be able to file your own suit regarding the legal claims in this case.

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Top Q: Do I have a lawyer in this case?
  A:

Yes. The Court appointed the following firms to represent all Class Members:

Mark Koberna,
Esq., Sonkin & Koberna Co., L.P.A.,
3401 Enterprise Parkway, #400,
Cleveland, OH  44122
Shannan L. Katz, Esq.,
Ulmer & Berne LLP,
1660 West Second Street, #1100,
Cleveland, OH 44113-1448
William Narwold, Esq.,
Motley Rice LLC,
One Corporate Center,
20 Church Street, 17th Floor,
Hartford, CT  06103
Mark Packman, Esq.,
Gilbert Randolph LLP,
1100 New York Avenue, #700,
Washington, DC  20005

Together, these attorneys and their firms are called Class Counsel. You will not be personally charged for their services, as they will request the Court to award a fee to be paid from the Settlement Fund at a later date. If you want to be represented by your own counsel, you may hire an attorney at your own expense.

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Top Q: Should I get my own lawyer?
  A: You do not need to hire a lawyer because Class Counsel is working on behalf of your interests. However, if you wish to retain your own lawyer you may do so at your expense.
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Top Q: When and where will the Court decide whether to approve the Proposed Settlement?
  A: The Court will hold a Fairness Hearing at 1:00 PM on April 23, 2009, in Courtroom 16-A of the Cuyahoga County Court of Common Pleas, 1200 Ontario St., Cleveland, Ohio 44113-1678. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider such at this time. Judge Gallagher will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Proposed Settlement. It is unknown how long these decisions will take.
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Top Q: Do I have to come to the hearing?
  A: No, but you are welcome to attend at your own expense. Class Counsel will answer Judge Gallagher’s questions, if any. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed a valid written objection postmarked on or before April 2, 2009, the Court will consider it.
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Top Q: May I speak at the hearing?
  A:

You may ask the Court for permission to speak at the Fairness hearing. To do so, you must first object to the Proposed Settlement, and send a letter entitled “Notice of Intention to Appear in Henderson v. Lawyers Title.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than April 2, 2009, and be sent to the Clerk of the Court, Class Counsel, and Defense counsel listed here.

You cannot speak at the hearing if you excluded yourself from the litigation.

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Top Q: How do I get more information?
  A:

You may obtain additional information by writing to:

Lawyers Title Settlement
c/o Analytics Incorporated, Claims Administrator
P.O. Box 2004
Chanhassen, MN 55317-2004

Or by calling the Claims Administrator at 1-866-535-1627. The Claims Administrator staff can provide answers to common questions regarding the settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for payment.

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