Much of the protection afforded to an insured depends on the exceptions to coverage contained in the final policy. If the title abstract is incomplete, the encumbrances at issue never are known to the insurer, and are never shown on the policy as exceptions to coverage. If these encumbrances make the property's title unmarketable the insurer is on the hook because it has insured over them, and failed to take exception to them. It is up to the insured's attorney to make certain that all exceptions to coverage are released by the time of the closing.
The main thing to remember when issuing a policy in addition to marketable title is to include inflation endorsement in order to have the insurance coverage keep pace with the increasing value of the property in future years.
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