Title Insurance Litigation: Fundamentals, Trends and Developments in 2018
Title insurance indemnifies real estate owners for losses resulting from certain title defects, such as gaps in the chain of title, forged deeds, and defective instruments in the chain of title. It is one of the more common forms of insurance, but it is perhaps the least understood, even by seasoned real estate owners and attorneys. Failing to understand the true purpose of title insurance and its limits could result in the purchase of a property that carries significant risks that are either not covered or not covered adequately by the title insurance policy. And even if an adverse claim is covered by the title policy, that may still frustrate one’s intended plans for the property.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will help real estate owners and attorneys understand the fundamentals and most important aspects of Title Insurance. They will provide an in-depth discussion of title insurance claims and litigation while offering useful insights and strategies when faced with the same dilemma.
Key topics include:
- Title Insurance - An Overview
- What It Covers and Doesn’t Cover
- Title Insurance Claims
- Latest Litigation Updates
- Best Practices and Practical Tips
Michael R. O'Donnell, Co-Managing Partner
Riker Danzig Scherer Hyland & Perretti LLP
- Understand the critical importance of certain defined terms in the Conditions of the Title Policy to include “Insured,” “Knowledge,” “Public Records” and “Unmarketable Title.”
- The interplay between the defined terms in the Conditions and their impact on coverage
- Recent caselaw on the defined terms in the Conditions
- How policy forms have critical differences in defined terms set forth in their Conditions.
Jeremy T. Brown, Senior Counsel
Irelan McDaniel PLLC
- An overview of common covered title disputes with recent examples
- An overview of common claims and damages not covered
- Understanding the claim resolution process
- The insured’s duties
- How and when to calculate the loss
Who Should Attend:
- Property Owners
- Title Insurance Agents
- Title Insurance Attorneys
- Title Insurers
- Real Estate Lawyers
- Settlement Agents
- Insurance Advisers
- Insurance Agencies
- Insurance Carriers
- Lending/Loan Officers
- Mortgage Business Line Personnel
- Internal and External Auditors
- Other Interested and Related Professionals
MICHAEL R. O’DONNELL is a partner with Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of commercial litigation services to clients, particularly financial institutions, title insurance companies and reinsurers. His work includes real estate and title disputes and related legal malpractice claims, lender liability and the work-out of problem loans, commercial lending, sophisticated judgment collections, fraud and fraudulent transfer claims, title disputes, reinsurance collections, oppressed shareholder claims, RICO claims and D&O and fidelity bond issues. Mike has defended title underwriters and agents and financial institutions in class actions ranging from claims of overcharges on settlement services to violations of the Expedited Funds Availability Act. He is the Past Chair of the District XB Ethics Committee of the Supreme Court of New Jersey, and a member of the Association of the Federal Bar of New Jersey.
MICHAEL R. O’DONNELL is a partner with Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of commercial …
Jeremy Brown is an aggressive, creative trial attorney who has worked on both sides of the docket, representing individuals, small businesses, and Fortune 500 companies nationwide in complex business litigation. A substantial portion of his practice focuses on real estate litigation, including title disputes, landlord-tenant, construction, and disputes arising from the acquisition and disposition of commercial real estate. His business litigation experience is wide-ranging and includes multi-million dollar antitrust litigation, oil and gas, securities, partnerships, trusts and estates, professional liability, class actions, trade secrets, non-competition, and defamation.
Jeremy also handles complex insurance coverage disputes involving most types of insurance products, with particular expertise in the areas of title insurance, financial institution bonds, commercial crime policies, directors and officers insurance, and professional liability policies. Jeremy has handled coverage matters involving some of the most high-profile Ponzi schemes and bank failures in the United States, and has extensive experience defending against claims prosecuted by the FDIC.
Jeremy Brown is an aggressive, creative trial attorney who has worked on both sides of the docket, representing individuals, small …
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Method of Presentation:
Basic knowledge of title insurance litigation
NY Category of CLE Credit:
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About Riker Danzig Scherer Hyland & Perretti LLP
Riker Danzig Scherer Hyland & Perretti LLP has served the New Jersey business community for over 130 years. Distinguished for its unparalleled representation of financial institutions since the founding of the firm, Riker Danzig has become a preeminent, full-service law firm. In addition to its two New Jersey offices in Morristown and Trenton, the firm has an office in Midtown Manhattan, serving clients in corporate law, tax and trusts and estates, and litigation. Riker Danzig serves as regional trial counsel and national defense counsel for some of the country's largest corporations in a wide variety of matters, while also representing many family-owned businesses and middle-market companies. The firm provides corporate counseling to numerous financial, commercial, manufacturing and service organizations and has highly-respected practices in trial and appellate litigation, insurance, corporate law, bankruptcy, governmental affairs, labor and employment, environmental law, real estate, tax, and trusts and estates.
About Irelan McDaniel PLLC
Brad Irelan and Tim McDaniel have had a longstanding personal and professional relationship that began more than 30 years ago. They both began their careers at one of Houston’s most respected and prestigious law firms, working together for several years before starting their own law firms. Brad and Tim remained friends and colleagues. Their combined efforts and expertise have made them a driving force in real estate, title and commercial litigation.