Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405





                          ______________



                          March 10, 2006

                          ______________





                         GSBCA 16794-RELO





                 In the Matter of DONALD F. MOORE





     Donald F. Moore, Salisbury, NC, Claimant.



     JoAnne Rountree, Supervisor, Travel Section, Financial Services Center, Department

of Veterans Affairs, Austin, TX, appearing for Department of Veterans Affairs.



GOODMAN, Board Judge.



     Claimant, Donald F. Moore, is an employee of the Department of Veterans Affairs.

He has asked this Board to review the agency's denial of certain costs arising from the

purchase of a residence at his new duty station incident to a permanent change of station

move.



                       Factual Background



     On December 14, 2004, claimant purchased a home at his new duty station in North

Carolina.  The settlement statement indicates that he purchased title insurance for $518.25

from Council Street Title Company which was paid from the borrower's (claimant's) funds.

There was no information on the settlement sheet to indicate whether the $518.25 was for

owner's title insurance, lender's title insurance, or both.  The agency denied reimbursement. 



     Claimant submitted a letter from the title insurance company stating that "there is no

separate charge for an Owner's Policy of Title Insurance.  An Owner's Policy of Title

Insurance is issued simultaneously with the Loan [Lender's] Policy of Title Insurance which

is how the title insurance premium is calculated.  The title company issues two policies for

only one premium."  The agency denied reimbursement, contending that this information was

still not sufficient to determine whether claimant was entitled to reimbursement for all or a

portion of the amount paid.



                            Discussion



     Pursuant to the Federal Travel Regulation (FTR), the cost of title insurance on

property being purchased by a transferred employee at a new duty station is reimbursable.

41 CFR 302-11.200(d) (2004) (FTR 302-11.200(d)).  The cost of owner's title insurance,

however, is not reimbursable, FTR 302-11.202, unless it can be demonstrated that the

purchase of owner's title insurance was a prerequisite to financing or the transfer of the

property being purchased or unless the cost of the owner's policy is inseparable from the cost

of other insurance which is a prerequisite to financing or transfer of the property.  FTR

302-11.200(f)(9). 



     The information submitted by the claimant demonstrates that both the lender's and the

owner's title insurance policies were purchased with one premium.  The cost of the owner's

title insurance, therefore, was inseparable from the cost of the lender's insurance, which is

a prerequisite to financing or transfer of the property.  Claimant is entitled to reimbursement

of the total amount paid for title insurance.  Gregory A. Tate, GSBCA 16753-RELO (Jan. 9,

2006).



                            Decision



     The claim is granted.







                                   ___________________________________

                                   ALLAN H. GOODMAN

                                   Board Judge