IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION CITY OF BRANSON, MISSOURI,

) ) Plaintiff, ) ) v. ) Case No. 6:12-cv-03387-GAF ) FIRST AMERICAN TITLE INSURANCE ) COMPANY, a California Corporation; ) CHICAGO TITLE INSURANCE COMPANY, ) a Nebraska Corporation; and ) FIDELITY NATIONAL TITLE INSURANCE ) COMPANY, a California Corporation, ) ) Defendants. ) ANSWER OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY TO PLAINTIFFS COMPLAINT COMES NOW Defendant First American Title Insurance Company (First American), by and through the undersigned counsel, and states as follows for its Answer to Plaintiffs Complaint: 1. 2. First American admits the allegations in paragraph 1. First American admits that it is a California corporation but denies that its

principal place of business is in Arizona. 3. First American lacks sufficient information to admit or deny the

allegations in paragraph 3 and therefore, denies the same. 4. First American lacks sufficient information to admit or deny the

allegations in paragraph 4 and therefore, denies the same. 5. First American lacks sufficient information to admit or deny the

allegations in paragraph 5 and therefore, denies the same.

2071002-2

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6.

First American lacks sufficient information to admit or deny the

allegations in paragraph 6 and therefore, denies the same. 7. First American lacks sufficient information to admit or deny the

allegations in paragraph 7 and therefore, denies the same. 8. 9. 10. First American admits the allegations in paragraph 8. First American admits the allegations in paragraph 9. First American lacks sufficient information to admit or deny the

allegations in paragraph 10 and therefore, denies the same. 11. First American lacks sufficient information to admit or deny the

allegations in paragraph 11 and therefore, denies the same. 12. First American lacks sufficient information to admit or deny the

allegations in paragraph 12 and therefore, denies the same. 13. First American admits that Title Policy Number OP163892 was issued on

or about December 13, 2001, and that a copy of said Policy is included in Exhibit A. First American lacks sufficient information to admit or deny the remaining allegations in paragraph 13 and, therefore, denies the same. 14. First American admits that Title Policy 1 began on December 13, 2001,

but states that the Policy speaks for itself and is the best evidence of the terms thereof and, therefore, denies any allegations that contradict the terms of Policy 1. 15. First American admits that Title Policy Number OP163895 was issued on

or about August 16, 2002, and that a copy of said Policy is included in Exhibit B. First American lacks sufficient information to admit or deny the remaining allegations in paragraph 15 and, therefore, denies the same.

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16.

First American admits that Title Policy 2 began on August 16, 2002, but

states that the Policy speaks for itself and is the best evidence of the terms thereof and, therefore, denies any allegations that contradict the terms of Policy 2. 17. First American lacks sufficient information to admit or deny the

allegations in paragraph 17 and therefore, denies the same. 18. First American lacks sufficient information to admit or deny the

allegations in paragraph 18 and therefore, denies the same. 19. First American lacks sufficient information to admit or deny the

allegations in paragraph 19 and therefore, denies the same. 20. First American lacks sufficient information to admit or deny the

allegations in paragraph 20 and therefore, denies the same. 21. First American lacks sufficient information to admit or deny the

allegations in paragraph 21 and therefore, denies the same. 22. First American lacks sufficient information to admit or deny the

allegations in paragraph 22 and therefore, denies the same. 23. First American lacks sufficient information to admit or deny the

allegations in paragraph 23 and therefore, denies the same. 24. First American lacks sufficient information to admit or deny the

allegations in paragraph 24 and therefore, denies the same. 25. First American lacks sufficient information to admit or deny the

allegations in paragraph 25 and therefore, denies the same. 26. First American lacks sufficient information to admit or deny the

allegations in paragraph 26 and therefore, denies the same.

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27.

First American lacks sufficient information to admit or deny the

allegations in paragraph 27 and therefore, denies the same. 28. First American lacks sufficient information to admit or deny the

allegations in paragraph 28 and therefore, denies the same. 29. First American lacks sufficient information to admit or deny the

allegations in paragraph 29 and therefore, denies the same. 30. 31. 32. First American admits the allegations in paragraph 30. First American admits the allegations in paragraph 31. First American lacks sufficient information to admit or deny the

allegations in paragraph 32 and therefore, denies the same. 33. 34. 35. First American admits the allegations in paragraph 33. First American admits the allegations in paragraph 34. First American admits that attorney Rodgers was retained as counsel for

Branson, but it lacks sufficient information to admit or deny the remaining allegations in paragraph 35 and, therefore, denies the same. 36. First American lacks sufficient information to admit or deny the

allegations in paragraph 36 and therefore, denies the same. 37. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 37 that misstate the contents of said correspondence. 38. First American lacks sufficient information to admit or deny the

allegations in paragraph 38 and therefore, denies the same.

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39.

First American lacks sufficient information to admit or deny the

allegations in paragraph 39 and therefore, denies the same. 40. First American admits that Branson obtained a final Judgment and Decree

in the Empire Quiet Title Action on December 20, 2004, and that a true and correct copy is attached to the Complaint as Exhibit G; but First American lacks sufficient information to admit or deny the remaining allegations in paragraph 40 and, therefore, denies the same. 41. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 41 that misstate the contents of said correspondence. 42. 43. First American admits the allegations in paragraph 42. First American lacks sufficient information to admit or deny the

allegations in paragraph 43 and therefore, denies the same. 44. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 44 that misstate the contents of said correspondence. 45. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 45 that misstate the contents of said correspondence. 46. First American lacks sufficient information to admit or deny the

allegations in paragraph 46 and therefore, denies the same.

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47.

First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 47 that misstate the contents of said correspondence. 48. First American lacks sufficient information to admit or deny the

allegations in paragraph 48 and therefore, denies the same. 49. 50. First American admits the allegations in paragraph 49. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 50 that misstate the contents of said correspondence; and First American denies the remaining allegations in paragraph 50. 51. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 51 that misstate the contents of said correspondence. 52. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 52 that misstate the contents of said correspondence. 53. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 53 that misstate the contents of said correspondence. 54. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 54 that misstate the contents of said correspondence.

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55.

First American lacks sufficient information to admit or deny the

allegations in paragraph 55 and therefore, denies the same. 56. First American lacks sufficient information to admit or deny the

allegations in paragraph 56 and therefore, denies the same. 57. First American lacks sufficient information to admit or deny the

allegations in paragraph 57 and therefore, denies the same. 58. First American lacks sufficient information to admit or deny the

allegations in paragraph 58 and therefore, denies the same. 59. First American lacks sufficient information to admit or deny the

allegations in paragraph 59 and therefore, denies the same. 60. First American lacks sufficient information to admit or deny the

allegations in paragraph 60 and therefore, denies the same. 61. First American lacks sufficient information to admit or deny the

allegations in paragraph 61 and therefore, denies the same. 62. First American lacks sufficient information to admit or deny the

allegations in paragraph 62 and therefore, denies the same. 63. First American lacks sufficient information to admit or deny the

allegations in paragraph 63 and therefore, denies the same. 64. First American lacks sufficient information to admit or deny the

allegations in paragraph 64 and therefore, denies the same. 65. First American lacks sufficient information to admit or deny the

allegations in paragraph 65 and therefore, denies the same.

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66.

First American lacks sufficient information to admit or deny the

allegations in paragraph 66 and therefore, denies the same. 67. First American lacks sufficient information to admit or deny the

allegations in paragraph 67 and therefore, denies the same. 68. First American lacks sufficient information to admit or deny the

allegations in paragraph 68 and therefore, denies the same. 69. First American lacks sufficient information to admit or deny the

allegations in paragraph 69 and therefore, denies the same. 70. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 70 that misstate the contents of said correspondence. 71. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 71 that misstate the contents of said correspondence. 72. First American admits that it did not accept Bransons tender of defense

but denies that it failed to respond to Bransons request. First American admits that it received the referenced correspondence but states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 72 that misstate the contents of said correspondence. 73. First American admits that it sent the referenced correspondence but states

that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 73 that misstate the contents of said correspondence.

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74.

First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 74 that misstate the contents of said correspondence. 75. First American admits that it sent the referenced correspondence but states

that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 75 that misstate the contents of said correspondence. 76. First American admits that it received the referenced correspondence but

states that said correspondence is the best evidence of the terms thereof and, therefore, denies any allegations in paragraph 76 that misstate the contents of said correspondence. 77. 78. First American admits the allegations in paragraph 77. First American lacks sufficient information to admit or deny the

allegations in paragraph 78 and therefore, denies the same. 79. First American denies that it has refused to fulfill its obligations under

Policy 1 or Policy 2. First American lacks sufficient information to admit or deny the remaining allegations in paragraph 79 and, therefore, denies the same. 80. First American lacks sufficient information to admit or deny the

allegations in paragraph 80 and therefore, denies the same. 81. First American lacks sufficient information to admit or deny the

allegations in paragraph 81 and therefore, denies the same. 82. First American lacks sufficient information to admit or deny the

allegations in paragraph 82 and therefore, denies the same. 83. First American lacks sufficient information to admit or deny the

allegations in paragraph 83 and therefore, denies the same.

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84.

First American lacks sufficient information to admit or deny the

allegations in paragraph 84 and therefore, denies the same. 85. First American lacks sufficient information to admit or deny the

allegations in paragraph 85 and therefore, denies the same. 86. First American lacks sufficient information to admit or deny the

allegations in paragraph 86 and therefore, denies the same. 87. First American lacks sufficient information to admit or deny the

allegations in paragraph 87 and therefore, denies the same. COUNT I: DECLARATORY JUDGMENT AGAINST FIRST AMERICAN 88. First American restates its responses to paragraphs 1 through 87 and

incorporates them by reference. 89. First American lacks sufficient information to admit or deny the

allegations in paragraph 89 and therefore, denies the same. 90. 91. 92. First American denies the allegations in paragraph 90. First American admits the allegations in paragraph 91. First American lacks sufficient information to admit or deny the

allegations in paragraph 92 and therefore, denies the same. 93. First American lacks sufficient information to admit or deny the

allegations in paragraph 93 and therefore, denies the same. 94. First American lacks sufficient information to admit or deny the

allegations in paragraph 94 and therefore, denies the same.

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95.

First American states that said Policies speak for themselves and are the

best evidence of the terms thereof and, therefore, denies any allegations in paragraph 95 that misstate the contents of said terms. 96. 97. First American denies the allegations in paragraph 96. First American lacks sufficient information to admit or deny the

allegations in paragraph 97 and therefore, denies the same. 98. First American lacks sufficient information to admit or deny the

allegations in paragraph 98 and therefore, denies the same. 99. First American lacks sufficient information to admit or deny the

allegations in paragraph 99 and therefore, denies the same. 100. First American lacks sufficient information to admit or deny the

allegations in paragraph 100 and therefore, denies the same. 101. First American denies the allegations in paragraph 101.

WHEREFORE, having fully answered Count I, First American prays that it be dismissed from this action with its costs incurred herein. COUNT II: BREACH OF CONTRACT AGAINST FIRST AMERICAN 102. First American restates its responses to paragraphs 1 through 101 and

incorporates them by reference. 103. First American lacks sufficient information to admit or deny the

allegations in paragraph 100 and therefore, denies the same. 104. 105. First American admits the allegations in paragraph 104. First American admits the allegations in paragraph 105.

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106.

First American lacks sufficient information to admit or deny the

allegations in paragraph 106 and therefore, denies the same. 107. First American lacks sufficient information to admit or deny the

allegations in paragraph 107 and therefore, denies the same. 108. 109. 110. 111. 112. 113. First American admits the allegations in paragraph 108. First American admits the allegations in paragraph 109. First American denies the allegations in paragraph 110. First American denies the allegations in paragraph 111. First American denies the allegations in paragraph 112. First American denies the allegations in paragraph 113.

WHEREFORE, having fully answered Count II, First American prays that it be dismissed from this action with its costs incurred herein. COUNT III: BAD FAITH AGAINST FIRST AMERICAN 114. First American restates its responses to paragraphs 1 through 113 and

incorporates them by reference. 115. 116. First American denies the allegations in paragraph 115. First American lacks sufficient information to admit or deny the

allegations in paragraph 116 and therefore, denies the same. WHEREFORE, having fully answered Count III, First American prays that it be dismissed from this action with its costs incurred herein. COUNTS IV-VI Because Counts IV through VI are directed towards the other Defendants herein, First American is not required to response to the allegations included under these Counts. 12 Case 6:12-cv-03387-GAF Document 16 Filed 09/12/12 Page 12 of 14

However, to the extent that a response is required, First American denies all said allegations directed towards it. AFFIRMATIVE DEFENSES In further answer and by way of affirmative defense, First American states the following: A. B. Plaintiff has failed to state a claim upon which relief can be granted. The Judgment and Decree entered in the Empire Quiet Title Case

(attached to Plaintiffs Complaint as Exhibit G) determined that Plaintiff was the sole fee owner of the Insured Property, thereby establishing that neither Coverdell Enterprises, Inc., nor Douglas Coverdell, nor any other party had any claim or interest that superseded that of Plaintiff, whether on the basis of the above-referenced 1972 deed, the 1999 deed, or otherwise. As such, any claim by Coverdell Enterprises, Inc., or Douglas Coverdell that has been asserted after the date of said Judgment and Decree amounts to a defect, lien, encumbrance, adverse claim or other matter, which attached or was created subsequent to the date of policy for Policy 1 and Policy 2. C. Plaintiffs claims are barred by the doctrines of laches, in that Plaintiff has

known about all the relevant facts set forth in its Complaint for years before filing said Complaint and nevertheless refrained from commencing this action, thereby materially prejudicing First American. D. First American reserves the right to assert additional defenses as discovery

in this case proceeds and additional facts arise.

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HUSCH BLACKWELL LLP

/s/ J. Michael Bridges J. Michael Bridges #41549 Laura A. Greene #56084 901 St. Louis Street, Suite 1800 Springfield, Missouri 65806 Telephone: (417) 268-4000 Facsimile: (417) 268-4040 Email: michael.bridges@huschblackwell.com laura.greene@huschblackwell.com wade.early@huschblackwell.com Attorneys for Defendant First American Title Insurance CERTIFICATE OF SERVICE The undersigned hereby certifies that on September 12, 2012, the foregoing was electronically filed with the Clerk of the Court using the CM/ECF system which sent notification of such filing to all counsel of record.

/s/ J. Michael Bridges

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