That resolution, according to the filing, never came. Wildcat alleges that more than a year after it first submitted its claims, First American has not retained counsel, initiated proceedings to clear the liens, negotiated with Capital Fund, or made any payment. Under Section 3 of the policy conditions, a title insurer that concludes a defect is valid is required to take corrective action – whether that means clearing the title, indemnifying the insured, or securing a release. Wildcat contends none of those steps were taken.

