Claims

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Claims

What to do if you have a professional E&O liability claim

Learn how to survive a professional liability claim

We’ve developed this handy guide so you’ll know what to do if you have a claim. Just keep these three points in mind:

  • Professional liability claims are an occupational hazard. They can happen to anyone.
  • Many experienced and respected title agents and abstracters have been sued. Not only have they survived, most continue to prosper in highly successful firms.
  • To help resolve your claim, follow the steps outlined in this guide.

What to do if you have a claim:

  1. Immediately report the claim by e-mail (tiac.claim@cpim.com), fax (800-TIAC-FAX Attention: Claims) or mail to:
    Claims Department
    Title Industry Assurance Company
    7501 Wisconsin Avenue, Suite 1500E
    Bethesda, MD 20814-6522
  2. Report the following information on a TIAC Incident/Claim Report Form (PDF) or Incident/Claim Report Form (Word):
    • Your firm’s name, address and phone number
    • Your policy number
    • Date, time and location of incident
    • Brief description of the allegations
    • Names and addresses of persons making the claim
    • Amount of demand (if known) and date received
  3. Do not admit liability, and do not attempt to place blame.
  4. Accept all papers (documents, letters, memos, etc.) without comment or argument.
  5. Prepare a written, detailed narrative of what happened.
  6. 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
  7. Make a copy of all records and correspondence for your files.
  8. 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 have a claim:

  1. After we are notified of a claim, our claims counsel will contact you to begin an investigation of the allegations.
  2. TIAC’s claims counsel will work with you to direct, monitor and assess your case as necessary.
  3. We will evaluate your potential liability and advise you of the courses of action available.
  4. If local legal counsel is required, we will retain an attorney experienced in the defense of title agents and abtracters professional liability claims.
  5. We will coordinate the defense of the claim with you and your assigned legal counsel.
  6. Your claims specialist will make recommendations as to the defense or settlement of your claim.
  7. We will not enter into a settlement without your consent.*
  8. We’ll answer any questions you may have about our service.

* Some restrictions may apply. See policy for details.