An ongoing dispute related to title insurance and losses resulting from a severance of the mineral estate has been resolved. However, the result may not be the best option available to an entity obtaining title insurance, so lawyers need to be aware of options for their clients.

With the recent surge of mineral development in Texas, the resulting potential for liability became of increased concern to title companies. In the past, if a title policy did not identify a specific severance of the mineral estate from the insured property as an exception to the policy’s insurance coverage, the title company would have to insure the mineral estate’s value, not to exceed the amount of the title policy, and damages resulting from its development.

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