Contents of Title and Escro Claims Guide




	Chapter 1: Use of Book and Forms Decision Trees Tender Of Defense Trees 1, 2, 3 Claim Of Loss Trees 1, 2, 3 Paying Partial Loss Tree Chapter 2: Claim Administration Unfair Claims Practice Acts Regulations Under UCPA--California Claim File Retention And Documentation Notice Of Claim Prejudice Caused By Late Notice Investigation Of Claim Proof Of Loss Or Damage Arbitration Releases In Claim Settlements Statute Of Limitations, Suit On Policy Chapter 3: Resolving Covered Claims Watchful Waiting Option 1: Payment Of Loss To Insured Date Of Loss Final Determination Of Loss "Actual Loss" On An Owner's Policy Owner's Partial Loss Owner's Complete Failure Of Title Coinsurance Provision Valuing Property Mathematical Formula Method Using An Appraisal "Actual Loss" On A Loan Policy Loan Loss Equation Leasehold Policy Damages Option 2: Defense Of Insured Option 3: Clearing Title Timely Action To Clear Title Stopgap Measures While Title Is Cleared Final Determination Of Loss Right To Appeal Adverse Ruling Damages Incurred While Title Cleared Option 4: Payment Of Policy Limits Option 5: Paying Party Adverse To Insured Option 6: Obtaining Title For Insured Chapter 4: Duty to Defend Ambiguous Pleadings Extrinsic Evidence Defense Of Frivolous Claims Defense Of Covered Claims Only Reservations of Rights Withdrawal Of Defense Right Or Duty To Appeal Declaratory Judgment Action Chapter 5: Recoupment Subrogation Making The Insured Whole Defenses To Insurer's Subrogation Subrogation Rights Against Sellers Indemnities--Recoupment On Taking Property Rights As Salvage Chapter 6: Commitment To Insure Third Party Beneficiaries Commitment Conditions, Requirements Knowledge Of Proposed Insured Amendment Of Commitment Reliance On Commitment Measure Of Damages Collecting Premiums, Cancellation Fees Pirating Of Commitment Information Chapter 7: Insureds and Claimants Named Insured Successor By Operation Of Law Mortgage Assignees Claimants Related To Named Insured Texas Definition Of Insured Third Party Beneficiary Claims Assignment Of Policy Or Claim Policy Termination Imputation Of Knowledge To Successor Chapter 8: Estate and Land Insured The Insured Estate Land Outside Of Schedule A Land Erroneously Included In Policy Improvements And Personal Property Rights In Adjacent Streets Chapter 9: Title Risks Forgery, Fraud, Incapacity And Duress Taxes, Assessments And Charges Liens Other Than Taxes Encumbrances, Easements And Restrictions Right Of Access Marketability Of Title Residential Policy Coverages Loan Policy Coverages Special Affirmative Coverages Forfeiture Of Property Chapter 10: Construction Liens Construction Lien Policy Coverage Measure Of Loss--Loan Policy Premature Payment Of Liens By Lender Construction Loan Escrows Paying Subcontractors Keeping Project In Balance Inspection Of Property Chapter 11: Exclusions Police Power And Eminent Domain Building Code Ordinances Zoning And Other Use Regulation Subdivision Laws Environmental Liens Police Power And Eminent Domain Created, Suffered, Assumed, Agreed To Known To Insured No Loss Suffered Post-Policy Matters Lack Of Adequate Consideration Usury Consumer Credit, Truth In Lending Creditors' Rights Doing Business Chapter 12: Exceptions Standard Exceptions: Overview Parties In Possession Trespassers Adverse Possession Accurate Survey/Inspection Exception Survey Accuracy Standards Shortage In Acreage, Distance Overlaps Encroachments Boundary Line Disputes Water Boundaries Survey Attached Or "Insured" Inspection of Premises Unrecorded Easements Taxes Special Exceptions Chapter 13: Escrow, Closing Duties Duty Of Care; To Whom Owed Duties Regarding Funds Duties Regarding Recordings Duties Regarding Instrument Drafting Duty To Close Per Contract Terms Duty To Inform And Advise Effect Of Bankruptcy On Deposits Insurer Liability for Agent Escrows Laws Regulating Closing Funds Chapter 14: Closing Protection Letter Exclusions From Letter's Protections Arbitration Of Letter Disputes Chapter 15: Federal Tax Liens Equitable Subrogation of Lender Lien Limited To Net Proceeds Of Sale Misspelled Taxpayer Names On Liens Wrongful Levy Suit Subrogation Against Taxpayer Chapter 16: "Duty to Search" and Title Searches Search Duty Rationale Bases For Cause Of Action Damages Under Search Duty Theory State Review Of Accurate-Search Law Abstracts And Title Searches Chapter 17: Bad Faith, Tort Liability Third Party Bad Faith First Party Bad Faith Damages For Bad Faith Acts Discovery In Bad Faith Lawsuits Chapter 18: Agents and Approved Attorneys Bar Fund Attorney-Agents Controlled Business Agents Approved Attorneys Agent's Liability To Insured Agent Liability To Insurer Title Losses Payable By Agent Termination Of Agency Contract Errors And Omissions Coverage