Title insurance is the most misunderstood, and one of the most valuable, forms of insurance in America. Even the most prudent attorney in private practice or lay person cannot inspect and discover each and every title defect or claim that might affect a specific property. In order to protect against this inherent risk of property ownership or defects in ownership, title insurance is purchased.
“A title insurance policy is a contract by which the title insurer agrees to indemnify its insured for loss occasioned by a defect in title.” E.C.I. Fin. Corp. v. First Am. Tit. Ins. Co. of N.Y., 121 A.D.3d 833, 834 (2d Dept. 2014). This is fundamentally different from other forms of insurance, and the policy holder is not required to prove fault.
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