I think the claimant in this case is the lender under a lenders policy, and not the owner (unless I'm reading it wrong).  In any case, the taxes are the owner's responsibility.  Seems to me the title company telling the owner that they are off the hook was a far bigger error than blowing the tax search. 

Underwriters reserve the right to attempt to recover their claims losses, and so should you if you decide to make the business decision to pony up the funds.  Does anyone else see the title company's action as an impediment to the ability to recover?  What do the lawyers and near-lawyers think about that?

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