Dispute Resolution Options for Lengthy Title Claims

Title Insurers and Policyholders Can Move Their Claims Forward by Using an Experienced Neutral to Resolve Even the Most Difficult Disputes

Policyholder Issues

Title insurance claims are on the rise in this pandemic.  Communications between the title insurance companies and their insureds making claims are focused on several issues that can give rise to an impasse between you and your insurance carrier:

  • Is the problem a true “title” defect affecting title to your property or is the issue in the domain of a Fire Insurance Policy or Homeowner’s Policy covered by a different insurance carrier?
  • Did the title clam arise after the title insurance policy was issued?
  • When did you discover the title defect?
  • Have more than two years elapsed since you discovered the problem?
  • Have you provided the insurance company with sufficient information for it to analyze the claim?
  • Did you know about the issues before you purchased the property?
  • Did the title insurance company promptly and fairly handle your title insurance claim?
  • Insurer Issues

The title insurer will be evaluating the claim and determining whether the title issue comes within policy coverage.  It takes time to properly investigate the claim, and in the meantime, the insured will likely demand full payment of the claim and may threaten a bad faith lawsuit.

Neutral Intervention

An experienced title insurance neutral can assist both policyholders and insurers to resolve their disputes without time consuming, burdensome, and expensive litigation where you may wait years for a trial or mandatory settlement conference.

The neutral can introduce a process to assist both sides in narrowing the information submitted and reducing the time it takes for the insurer and the insured to reach an agreement. Lori Hershorin or any qualified neutral can promote a collaborative fact-finding process, assist the insurer in obtaining the tools to verify the policyholder’s claims, and guide the insurer and the policyholder toward an appropriate resolution. Do not hesitate to reach out to a neutral who can assist you with a resolution of your title insurance dispute.

Lori Hershorin is a neutral at ARC. She handles title insurance matters covering a wide range of title and title insurance coverage issues.  She can be reached at lorih@hhlawgroup.com or lhershorin@arc4adr.com.  Check out the ARC website at www.Arc4adr.com.

Disclaimer: This page is for general information purposes and no representations or warranties regarding of the information are made. Interested persons should conduct their own research of neutral Lori Hershorin, found on the ARC website located at www.arc4adr.com.









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