LawPRO Ordered to pay $1.1M to Buyers of a Winnipeg home with Unpermitted Construction
As we continue on in our quest to better understand and interpret Title Insurance contracts (a challenge, at the best of times), we, at Davidson Cahill Morrison LLP, offer the following question: Does a title insurer have an obligation to indemnify under a policy for the costs of repair or can the title insurer demolish […]
Significant Differences In Title Insurance Policy Wording a Potential Cause for Concern for Lawyers
Our Insurance Litigation group at Davidson Cahill Morrison LLP continues to receive inquiries from homeowners that have claims under the title insurance policies they purchased through their lawyer at the time they bought their house. In our earlier Commentaries we have discussed some of the Coverages provided under the policies sold by lawyers to their […]
Is Your Lawyer Acting as an Unlicensed Insurance Agent?
My previous posts have been written for homeowners and discussed considerations related to whether or not they have a claim under their title insurance policy. In those posts I urge homeowners to consult lawyers, like those at Davidson Cahill Morrison LLP, that have had title insurance claims experience. This post raises questions for lawyers that […]
Concluding Commentary on Title Insurance Claims
In this concluding commentary on our experience with title insurance claims I would like to summarize my previous commentaries and offer some concluding advice to homeowners and homebuyers.
Title Insurance – Police Powers Exclusion
At first “blush” this Exclusion appears to exclude just about everything. Regrettably we have seen denials from title insurers that reference this Exclusion in a very aggressive way. Title insurers, and the lawyers that sell their policies, suggest to Insureds that they can make claims on their own behalf.
Title Insurance Exclusions – “Suffered, Created or Assumed” and “Known to the Insured but not the Insurer”
In our first three commentaries on the residential title insurance polices available today we discussed two coverages – “Building Permit” coverage and its sometimes related “Local Authority Search” coverage. While these coverages can be of use to insured homeowners who discover construction defects there are exclusions that readers need to recognize.
Title Insurance Claims – Local Authority Search
When title insurance was first introduced into Canadian residential conveyancing in the mid-1990’s it was considered prohibitively expensive. Purchasers were funding legal fees and disbursements; inspection fees; transfer taxes; mortgage default insurance; and various other “Closing Costs”. Adding title insurance premium seemed unnecessary. The title insurers worked on this problem. The first thing they did was to add “Survey Coverage” alleviating the need to obtain a Land Survey which then cost roughly $1,000. I’ll have more to say on Survey Coverage in another Commentary. Succinctly – great coverage for Lenders, but whether right for Owners depends on many circumstances.
Building Permit Claims Under a Title Insurance Policy
You’ve worked hard. You and your family have saved diligently for years. Congratulations you’ve bought a house. Unfortunately, it wasn’t built properly and might even be too dangerous for you to live in. What do you do now?
Building Permit Title Insurance Claims – Part 1
Our Insurance Law group at Davidson Cahill Morrison LLP has been seeing a steady increase in title insurance claims. Typically, these claims are made by homeowners that purchased title insurance at the time they purchased their home. As title insurance has been purchased on most residential transactions in Ontario for over 30 years it is […]
Damages in Negligent Inducement of Purchase of Defective Property
In my practice, I frequently find myself involved in professional negligence cases. Since the publication of the Ontario Court of Appeal’s decision in Bowman v. Martineau, I have often heard from opposing counsel that Bowman stands for the proposition that the liability of defendants in professional negligence cases is always assessed on a diminution in value […]