Title Insurance Claims

Bengtson & Jestings, LLP has a highly regarded title insurance claims and defense practice, complemented by our firm's active involvement in real estate transactional work, bankruptcy, land use, and real estate litigation. Our attorneys combine vigorous courtroom advocacy with focused knowledge of title policy language, insurer liability issues, real property law, foreclosure process, leasehold interests and bankruptcy law. We are considered one of the premier title insurance claims and defense litigation practices in Rhode Island.

Our lawyers defend title insurance companies, their agents and their insureds in state and federal trial and appellate courts. Our clients include some of the nation's largest and highest quality title insurance companies. We represent carriers in coverage claims, defend their insureds in title matters, take corrective action to clear title and protect the priority of secured interests. We are also called upon to initiate third party claims to mitigate losses from claims paid. We handle agent fraud claims, and our successful efforts to recover funds for our insurer clients have involved us with numerous state and federal courts and agencies.

Our attorneys have substantial experience in representing lending institutions and title insurers in all aspects of real estate and title claims litigation. The firm's reputation for excellence in this area includes legal representation in the following matters:

  • Real property ownership
  • Validity and priority of liens
  • Easement and access disputes
  • Title insurance coverage
  • Mechanics' liens
  • Foreclosure litigation
  • Eminent domain and condemnation defense

As the need arises, we frequently represent clients in curative actions, as well, including:

  • Detecting defects in titles and real estate records
  • Tracing defective title documents
  • Discovering errors in probate records
  • Initiating corrective actions (including litigation of reformation lawsuits) and following through to ensure completion
  • Obtaining administrative modifications to government records

Title insurance companies rely on our real estate and title insurance attorneys' years of experience, our depth of knowledge and attention to our clients' concerns. With these values, we have built our reputation for effectiveness in title defense and curative actions.