The policy is a contract with notice conditions and a duty to defend.
Esshaki Legal Media TeamCurrent as of August 2026
An owner’s or lender’s title policy indemnifies against loss from covered title
defects. Claims proceed under the policy’s own procedures.
Notice. Prompt written notice is required, and the policy generally provides
that the insurer is prejudiced-and-discharged only to the extent prejudice is
shown. Notify early anyway; delay complicates everything.
The duty to defend. The insurer must provide a defense against claims
alleging a covered matter, and its duty to defend is broader than its duty to
indemnify. It selects counsel in most policies.
Options for the insurer. Pay the claim, pay the policy limit, negotiate a
settlement, cure the defect by obtaining a release or curative instrument, or
litigate to establish title. Insurers frequently cure, which is the outcome most
useful to an owner.
Measure of loss. Generally the lesser of the diminution in value caused by
the defect and the policy amount, with the value fixed at the policy date unless
an inflation or increased value endorsement applies.
Exclusions. Matters created or agreed to by the insured; matters known to
the insured and not disclosed; governmental regulation including zoning, absent
an endorsement; eminent domain; and defects arising after the policy date.
Coordination with a survey. Many disputes turn on whether the standard
survey exception was removed, which is decided long before the claim.