Legal Question in Insurance Law in California
what is the statute of limitations to sue the title company who refused to hire lawyer to defend title against a neigbor who had the same title company and in fact hired an attorney for the neighbor instead even though i filed claim with title company first?
2 Answers from Attorneys
Assume the statute runs out tomorrow, and retain a lawyer today. The lawyer you retain will be able to sort things out.
The statute of limitations is four years from denial of the claim. As a former Vice President and Associate General Counsel for Fidelity National Financial, the parent company of Fidelity National Title, Chicago Title, and several smaller title insurance companies, I feel I should warn you that it is highly unlikely that you have a valid case. Title companies rarely make a mistake in a situation like you describe. You making your claim first is completely irrelevant. All that matters is whether you had a covered claim or not. Not all title disputes are covered, and in a dispute between two neighbors both insured by the same title company, it is all but certain that one side will be covered and the other not. Only if the title officer totally screwed up and insured both competing claims as valid, when only one could be, would the title company have duties to both sides. I can't say things like that never happen, but it is extremely rare. If you really think you had a covered claim, however, I would be happy to give you an initial evaluation of your case. Send me an email and we can discuss what information I would need to give you my take on whether you have something to pursue or not.
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