• Agency issues and disputes
• Class actions
• Coverage matters
• Insured closing letters
• Insurer receiverships
• International transactions
• Mortgage guaranty insurance
• Premium and premium tax issues
• Priority disputes
• Rate and forms
• Regulatory matters
• Reinsurance
• RESPA
• Title defense 

Industry Knowledge

Title insurance sits at the intersection of insurance and real estate.  While regulated to varying degrees as insurance in different states, it has unique distribution channels and products.  As a crucial component of the real estate market, insurance issues mix with market realities and core title principles.  Morris, Manning & Martin brings focused experience in both.

Regulatory Matters

Regulators historically have focused intermittently on title insurance with focused attention to hot topics, such as pricing, RESPA and market conduct inquiries, followed by periods of quiet.  In those states where attorney-agents predominate, insurance regulation may clash with attorney regulation.  The Title Insurance Practice can bring its national regulatory experience and extensive real estate knowledge to bear as issues arise. 

Title Analysis and Defense

In defending title matters, nothing is more important than counsel with extensive working knowledge of substantive real estate title law, as well as available remedies.  Our lawyers have decades of experience in analyzing title issues, devising the most effective resolution and implementing remedial measures.

Coverage and Subrogation

Title coverage is relatively unique in that it covers a matter that already exists but is unknown to the insurer.  Given this inherent moral hazard, as well as potential disputes over the existence and nature of any insurable loss, coverage analysis is crucially important in title insurance.  Our lawyers are knowledgeable and experienced with respect to a title insurer’s duties to indemnify and/or defend title and, in some circumstances, to clear title.  Moreover, a finding of a failure of title and concomitant loss does not end the inquiry.  Title insurers often are favorably positioned to enforce rights of indemnity and subrogation.  We are experienced in enforcing those rights and, just as important, in identifying the best time and vehicle for doing so.

Agency Issues

Title insurers have a unique agency structure which includes attorney-agents.  This structure brings special regulatory, contractual and indemnity issues.  During periods of economic stress, agencies may become financially impaired leading to receiverships, bankruptcies and competing claims to accounts and assets.  Our Title Insurance Practice blends its insurance expertise with its experience in creditors’ rights and bankruptcy to assist title insurers in addressing these problems.

Litigation

Because substantive title insurance issues often lead to litigation, title insurance counsel must be able to handle serious and complex litigation effectively and efficiently.  Our team of professionals has the expertise and experience to devise and implement an effective, efficient and cost-effective litigation strategy.  Whether the matter involves a single coverage plaintiff or a class action alleging pricing or RESPA violations, our lawyers have the knowledge and disciplined focus to help.