Hey Robert , How about this, A homeowner finds out there is a $20,000 lien against the home they bought that the title company missed, The title company made good with their e&o policy and the homeowner is now off the hook, Now the title company takes the title searcher ( who does not have e&o) to court . Question--- Does the title company sue for the amount of the claim (which their e&o policy paid)or do they sue for the increase in their e&o premium that was raised due to this claim.
Another reason I like having the disclaimer and no insurance is that from time to time the county I work in do some crazy things that makes the experienced examiners wonder if what they are finding is accurate. In many cases it would be hard to show it was not your fault since there may be no record the index was corrected ( such as a judgement not on the system when it should have been but showing up after you do the search) .
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