The cost of E&O does continue to go up, unfortunately; but I would not want to be in business without it. We have also been in business for over 21 years and are considered exceptionally knowledgeable and accurate. Nonetheless, we have had 3 very minor claims in our history--all 3 being due to poor indexing by county officials either in the deed/mortgage records, or the tax records. While we do not feel technical responsibility for missing something that was not indexed under specific names we were searching, the claimant felt otherwise. Fortunately, the amounts were so minimal they were paid out of our business account. However, had these matters been significant, the only resource would have been our E&O. I firmly believe we are all over-charged for E&O; but would never want to be without it. No matter how much you know, or how careful you are, anybody can make a mistake. Obtaining any sort of certification isn't likely to make a difference to the actuaries and underwriters of E&O, until the certification process begins weeding out people who shouldn't be in this business, who may well be causing the majority of E&O claims.
When I questioned our premium a few years ago, pointing to the fact that we had a clean track record with no claims (reported to or paid by E&O), I was told that the increase was due to the increase in our income. As your business grows, your potential for a claim increases, according to the insurers.
While abstractors/searchers are not rendering title opinions, and are only "pulling public records", we are the basis for all opinions and title insurance that are given. If we don't pull all and the correct public records, we cause losses; and we need to have ourselves covered with E&O.
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