Professional liability claims are an occupational hazard. They can happen to anyone. Many experienced and respected title agents and abstracters have been sued. However, not only have they survived, most continue to prosper. If you are experiencing a claim or potential claim as a TIAC insured, follow the steps outlined here:
- Immediately report the incident or claim to TIAC. Be sure to include your information, date, time, and description of the incident, names and addresses of those making the claim against you, and the amount of any demand if known.
- Do not admit liability, and do not attempt to place blame.
- Accept all papers (documents, letters memos, etc.) without comment or argument.
- Prepare a written, detailed narrative of what occurred.
- Assemble and retain the following materials for future reference:
- Any lawsuit papers or legal proceedings
- Relevant client contracts or agreements
- Any other pertinent correspondence or documents
- Make a copy of all records and correspondence for your files.
- Consult your claims representative or assigned defense counsel before agreeing to participate in any conferences to discuss the allegations.
What TIAC will do if you report a claim or potential claim :
- After we are notified of an incident or claim, our claims counsel will contact you to begin an investigation of the allegations.
- TIAC’s claims counsel will work with you to direct, monitor, and assess your case as necessary.
- We will evaluate your potential liability and advise you of the course of action available.
- If local legal counsel is required, we will retain an attorney experienced in the defense of title agents and abstracters professional liability claims.
- We will coordinate the defense of the claim with you and your assigned legal counsel.
- Our claims specialist will make recommendations as to the defense or settlement of your claim.
- We will not enter into a settlement without your consent.*
- We will answer any questions you may have about our service.
TIAC’s expert claims counsel will match you with an experienced E&O attorney to defend you. Subject to your deductible, TIAC will pay defense costs, which are a significant part of your coverage. TIAC also offers pre-claims assistance to help you deal with an issue or problem before it ever becomes a claim.
*Some restrictions may apply. See policy for details.
This information is provided for the purpose of illustration. The coverage provided is that set forth in the terms, conditions, and limitations of the policy of insurance.
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