Kevin your last reply spells out the exact problem. Why is the lowest paid man on the totem pole faced with the greatest risk?
I completely disagree. In Florida, it is illegal for me to furnish an examined product without issuing title insurance or having a license to practise law. There are no regulations regarding a "search"; which is what 90% of my orders are.
It is also against the rules of RESPA for a title agent (my customer) to retain their portion (typically 70%) of the title insurance premiuim without performing "core services". I plain language that means they have to accept their proportionate responsibility for any claim situation - that is why they get the big bucks.
We are allowing ourselves to accept too much liabilty for a laughable amount of money. Why do insurance rates climb with the coverage amount? My fee doesn't.
In my opinon, which ain't worth much, the liablity I assume when I perform a search is the amount my customer pays for it. If I do a lousy job they should go elsewhere.
What do you think any E&O Carrier is going to do when you file the first $90k claim? Cancel your policy - and then you are out of business.
By the way, I have never had a valid claim filed against my work - but I have no doubts that it will someday happen. I have done nothing else for a living for 25 years - the odds are against me.
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