Title Insurance and Escrow Law
Hilbert & Satterly LLP, regularly represents national and regional title insurers underwriters, and their insureds, including property owners and lenders, as well as underwritten title companies and escrow companies. This representation is in the context of, among other things, boundary disputes, easements, lien priority disputes, title issues, mechanic's liens, foreclosures, bankruptcy issues, escrow disputes, and real estate and mortgage broker issues. Each of our attorneys has extensive experience in multiple aspects of title insurance law. Our firm engages in litigation on behalf of title insurance companies and their insureds, conducts coverage analyses, and defends bad faith and breach of contract actions. In addition, the attorneys at Hilbert & Satterly LLP, regularly present educational courses before national title insurance companies and are recognized as experts in the field.
Escrow companies play an important role as neutral, third-party facilitators in the California real estate industry. When processing escrows, escrow companies are bound by the terms set forth in the escrow agreement. An alleged breach of these duties can expose the escrow company to significant liability, including lawsuits by either or both parties engaged in the real estate transaction.
Escrow companies are duty bound to follow the instructions of the parties to the letter. Failure to do so can support claims for breach of contract, negligence and breach of fiduciary duty. Such claims can expose an escrow company to lawsuits by buyers, sellers, lenders and third parties. Many factors can influence escrow litigation, including claims of breach of contract, fraud and failing to close the escrow in a timely manner.
Whatever the circumstances of your case, our attorneys are equipped to provide you with the skilled representation you need in any dispute concerning the handling of an escrow.
Before an insurance company assists an insured with an alleged issue, the company evaluates the insured's claim to determine whether it is covered by the policy. At times, there are serious questions regarding whether coverage exists. The attorneys at Hilbert & Satterly LLP have extensive experience analyzing and responding on behalf of insurance carriers to all types of insurance claims within the context of the provisions of the policies at issue. Some of our attorneys have served as in-house claims counsel with large title insurance underwriters evaluating all types of title insurance claims on behalf of the title insurance companies and their underwritten title companies. They have taken that knowledge and expertise into private practice and continue to provide such services for a variety of insurance carriers.
Bad Faith/Breach of Contract
Insurance companies have a duty of good faith and fair dealing toward their insureds. At times, insureds file lawsuits against their insurance companies alleging they were wrongfully denied coverage. Lawsuits of this nature expose insurance companies to significant liability. For an insurance company in this situation, it is important to have an attorney who has significant experience and a proven track record defending against claims of bad faith and breach of contract.
Property owners bear a responsibility to keep their premises safe for occupants and visitors. When unsafe conditions lead to injuries, victims may pursue compensation for their losses. Not all claims have merit, however, and all claims should be handled by an attorney experienced at defending such claims. Hilbert & Satterly LLP has extensive experience handling premises liability claims for clients in San Diego and throughout California. Our clients include individual homeowners as well as large commercial property owners and management companies who own/manage a variety of commercial properties including supermarkets, retail stores, hotels, apartment buildings, parking lots and other properties where accidents occur.
We handle a broad range of premises liability claims, including those involving:
- • Slip-and-fall accidents
- • Trip-and-fall accidents
- • Negligent maintenance claims
- • Dog bites
We are experienced trial lawyers, adept at resolving premises liability suits in and out of court. Our knowledge of real estate law informs our premises liability practice, and we draw upon our in-depth knowledge of state and local building codes to investigate these complex claims.