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:
- Immediately report the claim by e-mail (firstname.lastname@example.org), fax (800-TIAC-FAX Attention: Claims) or mail to:
Title Industry Assurance Company
7501 Wisconsin Avenue, Suite 1500E
Bethesda, MD 20814-6522
- 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
- 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 happened.
- 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 have a claim:
- After we are notified of a 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 courses of action available.
- If local legal counsel is required, we will retain an attorney experienced in the defense of title agents and abtracters professional liability claims.
- We will coordinate the defense of the claim with you and your assigned legal counsel.
- Your 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’ll answer any questions you may have about our service.
* Some restrictions may apply. See policy for details.