I know someone who had the exact same problem, & it didn't matter at all that it was a Registry indexing error - the attorney went ahead & made a claim on the examiner's E&O policy but that's what the insurance is there for. Not sure of all the ins & outs of it, but the insurance company eventually paid the claim & then refused to renew the abstractor's insurance the following year. I don't think the insurance company can kick you to the curb right away, but I'm not at all familiar with procedures in TN. Would suggest though that you document everything - if the Registry has printed paper indices see if they will certify the grantor index page with the incorrect mortgage information on it & I would get on it right away, before they can change the indexed description. That way, you will have something to show your next E&O carrier that really it was a Registry indexing error. The most important part of this is to figure out a way to get E&O coverage for next year. Start about six months before your renewal because, what my friend told me, was that it took just about six months to line up a new carrier. And be prepared to pay about double your current rate. Unfortunately it doesn't matter what the mistake was or who was responsible, you or the Registry, the insurance company is going to charge you a lot more to maintain coverage. Good luck with this. I hope it all goes well with you.
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