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Chapter 1 — The Fundamental Defense Obligation - I. [1.1] Introduction
- II. [1.2] The Duty To Defend Is Broader than the Duty To Indemnify
- III. [1.3] Alternatives When the Insurer Is Uncertain Whether It Has a Duty To Defend
- IV. [1.4] Estoppel To Deny Coverage
- V. [1.5] The Eight-Corners Rule
- VI. [1.6] A Timely Declaratory Rights Action
- VII. [1.7] The Insured’s Suit for Breach of the Duty To Defend
- VIII. [1.8] The Insurer’s Duty To Promptly Respond to a Claim for Defense
- IX. [1.9] The Mend-the-Hold Doctrine
- X. [1.10] Insurer Waivers of Policy Defenses
- XI. [1.11] The Insured Has No Policy Obligation After the Insurer Denies a Claim for Defense
- Chapter 2 — Notice
- Chapter 3 — Coverage Issues
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I. Coverage Issues in General - [3.1] Actions Adverse to Title
- [3.2] Boundary Lines
- [3.3] Former Member of Joint Venture
- [3.4] Definition of “Insured”
- [3.5] Extrinsic Evidence of Coverage
- [3.6] Physical or Title Issues
- [3.7] Policy Covers More than Was Conveyed
- [3.8] Policy Date
- [3.9] Schedule A
- [3.10] Schedule B
- [3.11] Tenants in Common Insured as Joint Tenants
- [3.12] Termination of Coverage
- II. [3.13] Who Is Insured?
- III. [3.14] In for One, in for All?
- IV. Exclusions
- V. [3.17] General Rule Governing Defense Obligation
- VI. [3.18] Duty To Appeal
- Chapter 4 — Specific Claims
- I. [4.1] Access
- II. [4.2] Actual Loss — Proximate Cause
- III. [4.3] Adverse Possession
- IV. [4.4] Affirmative Defense Is Not a Claim
- V. [4.5] After-Acquired Title
- VI. [4.6] Authority or Incapacity of Grantor/Mortgagor
- VII. [4.7] Bankruptcy
- VIII. [4.8] Boundary Lines
- IX. [4.9] Boundary Streets
- X. [4.10] Building Code
- XI. [4.11] Certificate of Title
- XII. [4.12] Chain of Title
- XIII. [4.13] Coercion of Grantor/Mortgagor
- XIV. [4.14] Commercial Restrictions on Use
- XV. [4.15] Counterclaims
- XVI. [4.16] Deed in Lieu of Foreclosure
- XVII. [4.17] Duty To Quiet Title
- XVIII. Easements
- [4.18] In General
- [4.19] Easements for Buried Utility Lines
- [4.20] Easements Shown on Plat
- [4.21] Easements Shown on Maps and Plats
- [4.22] Easements Not Specifically Described
- [4.23] Easements of Necessity
- [4.24] Overburdening of Easements
- [4.25] Power Line Easements
- [4.26] Prescriptive Easements
- [4.27] Easements Disclosed in Public Records
- [4.28] Public Use Easements
- [4.29] Easements Recorded Early in Chain of Title
- [4.30] Easements Recorded Outside Chain of Title
- [4.31] Recorded vs. Visible Easements; Actual Knowledge; Physical Inspection
- [4.32] Easements Recorded with No Legal Description
- [4.33] Schedule A
- [4.34] Unrecorded Easements
- XIX. [4.35] Encroachments
- XX. [4.36] Equitable Mortgage
- XXI. [4.37] Escheat
- XXII. [4.38] Failure To Serve
- XXIII. [4.39] Forgery
- XXIV. [4.40] Fraudulent Transfer
- XXV. [4.41] Garnishment of Title Insurance Indemnity
- XXVI. [4.42] Imputed Knowledge
- XXVII. [4.43] Innocent Successor Mortgagee
- XXVIII. [4.44] Inquiry Notice
- XXIX. [4.45] Insured Created Defect
- XXX. [4.46] Insured Aware of Defect Prior to Policy
- XXXI. [4.47] Insured Knowledge of Open, Visible Defects
- XXXII. [4.48] Insured Victim of Forgery
- XXXIII. [4.49] Insurer Aware of Defect
- XXXIV. [4.50] Insurer Waiver/Estoppel
- XXXV. [4.51] Judgments
- XXXVI. [4.52] Lender’s Knowledge of Title Defect
- XXXVII. [4.53] License or Lease
- XXXVIII. [4.54] Loan Servicer as Insured
- XXXIX. [4.55] Location/Unmarketable Title
- XL. [4.56] Mechanics Lien
- XLI. [4.57] Mistake
- XLII. [4.58] Mortgages
- XLIII. [4.59] Municipal Assessments
- XLIV. [4.60] Nuisance
- XLV. [4.61] Overlapping Legal Description
- XLVI. [4.62] Parties in Possession
- XLVII. [4.63] Potential Future Claims
- XLVIII. [4.64] Public Records
- XLIX. [4.65] Recharacterization
- L. [4.66] Reformation
- LI. [4.67] Refusal To Insure Title
- LII. [4.68] Rescission
- LIII. [4.69] Reservation of Rights
- LIV. [4.70] Rights Incident to Title
- LV. [4.71] Settlements by Insured
- LVI. [4.72] Schedule A
- LVII. [4.73] Sham Transaction
- LVIII. [4.74] Subordination
- LIX. [4.75] Survey Issues
- LX. [4.76] Survey Exception
- LXI. [4.77] Taxes
- LXII. [4.78] Trespass
- LXIII. [4.79] Unmarketable Title
- LXIV. [4.80] Unrecorded Conveyance
- LXV. [4.81] Unrecorded Rights
- LXVI. [4.82] Warranty of Title
- Chapter 5 — The Insured’s Obligations, Rights, and Remedies
- Chapter 6 — The Insurer’s Obligations, Rights, and Remedies
- Chapter 7 — Miscellaneous Issues
- William J. Holloway
William J. Holloway
William J. Holloway is a Partner at King Holloway Lipinski LLC in Chicago, where he concentrates his practice in real estate litigation. He is licensed in Illinois, Wisconsin, the United States District Courts in Illinois and Wisconsin, and the Seventh Circuit Court of Appeals. He is Editor of the Title Insurance Law Database, www.titleinsurancelaw.net, which contains numerous Illinois mechanics lien cases. He has been a Fellow of the American College of Trial Lawyers since 1985 and was inducted as a Fellow of the College of Labor and Employment Lawyers in 2000. He is a member of the Illinois Society of Trial Lawyers, the American Arbitration Association’s Employment Litigation Panel, and the Association of Attorney Mediators. He completed the program Mediating the Litigated Case at Pepperdine University School of Law’s Straus Institute for Dispute Resolution. Mr. Holloway received his B.S. from Iowa State University, his J.D. from Northwestern University Pritzker School of Law, and his M.S. in taxation from DePaul University.
Title Insurance: The Defense Obligation 2019 Edition
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