ALTA Revises Form 9 Endorsements

In response to the recent trial court decision in Nationwide Life Insurance Company v. Commonwealth Land Title Insurance Company, the American Land Title Association (“ALTA”) has withdrawn all current versions of the Endorsement Form 9 and replaced them with new versions. The new endorsements expressly specify the items of loss for which the insurer is liable, and will be effective as of 12/01/2011. The new endorsements are:

1. ALTA Endorsement 9-06 Restrictions, Encroachments, Minerals – Loan Policy;
2. ALTA Endorsement 9.1-06 Covenants Conditions Restrictions- Owners Policy – Unimproved Land;
3. ALTA Endorsement 9.2-06 Covenants Conditions Restrictions- Owners Policy – Improved Land;
4. ALTA Endorsement 9.3-06 Covenants Conditions and Restrictions- Loan Policy; and
5. ALTA Endorsement 9.4-06 Exceptions – Loan Policy.

ALTA has also adopted two new endorsements in the 9 series:

6. ALTA Endorsement 9.5-06 Restrictions, Encroachments, Minerals – Land Under Development – Loan Policy; and
7. ALTA Endorsement 9.6-06 Restrictions, Encroachments, Minerals – Land Under Development – Owners Policy.

These new endorsements provide Endorsement 9 type coverage when development is to take place, and are based on specific plans and specifications in existence at Date of Policy, which must be reviewed by the title company prior to issuance of the endorsement.

The new endorsements can be viewed on the ALTA website

Janice Carpi is National Underwriting Counsel for GRS Group Title Services.

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