Title Insurance and Real Estate Litigation

The firm and its predecessor have been engaged in title insurance litigation since 1985. It is presently retained by five of the major title insurance underwriters to represent their insured owners and mortgagees in disputes that result in claims under their respective ALTA policies. The firm also represents the title underwriters in third-party actions to recoup insurance losses based on the underwriters’ subrogation rights, and to enforce recoupment claims against title agents, the agent’s errors and omissions carriers and third-party tortfeasors. The firm also acts as coverage counsel for title underwriters. We undertake examinations under oath of the insureds, litigate declaratory judgment actions against the insureds and assist in the preparation of disclaimers of the underwriters’ obligations to defend and indemnify their insureds where the facts warrant.

The firm also represents real estate developers in contract disputes with their general and sub-contractors, in defense of mechanic’s lien foreclosures and claims, and in negotiating license agreement with adjoining landowners. The firms also represents sponsors of Condominiums against claims of the unit owners and board of managers based on the offering plan and the condominium units’ implied warranties of merchantability.

The firm has over 50 reported trial and appellate cases in the title and real estate litigation areas, two of which are often cited landmark decisions. We invite you to visit the title insurance cases posted on this website for reference.