For the first episode of our fifth season, co-hosts Michael R. O'Donnell and Bethany A. Abele welcomed Jeffrey Leung, Senior Vice President and Chief Claims Counsel of WFG National Title Insurance Company. Jeff discussed the evolution of the title insurance industry based on his career experience handling claims for a national underwriter, running the gamut of “everything from A to Z – abstracts of title to zoning,” proving once again that title insurance is not boring! Jeff contrasted working with insured lenders and working with homeowners, providing guidance on navigating the claims process effectively, including complicated sales transactions and estate situations with heirs.
Next, Mike discussed a federal court case emphasizing the importance of obtaining a survey when purchasing real estate. In Messersmith v. CATIC Title Insurance Company, 2025 WL 3530275 (M.D. Pa. 2025), an individual purchased a property and moved into the house, learning thereafter from a neighbor that she was living in a house that was actually on that neighbor’s property. She had opted not to obtain a survey prior to closing on the property. Mike explains how the survey exception comes into play in this case, and how courts determine the merits of these claims.
Key Takeaways from this episode:
- Navigating a title insurance claim effectively requires understanding your role in the process – whether you're a lender or a homeowner, knowing how to work with your underwriter and what to expect can make a significant difference in resolving even the most complex situations, from contested sales transactions to multi-heir estate disputes.
- The survey exception in a title policy bars coverage when property boundary issues would have been revealed by an accurate survey prior to closing.
Note: Riker Danzig is not endorsing the services of WFG National Title Insurance Company.
Riker Danzig’s Title Insurance Group also produces a “Banking, Title Insurance and Real Estate Litigation Blog,” available here.
