OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 2013 AGENCY SEMINAR

1. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY2013 AGENCY SEMINAR Britt Naponic Old Republic National Title Insurance Company Blaine Hummel Irelan  Hargis, PLLC

2. E&O Insurance ERRORS AND OMISSIONS

3. Why E&O Insurance? • No one is perfect • Protect against catastrophic loss • Defense against suit • Peace of mind • Protect relationship with underwriter (required by Agency Contract)

4. Claims Under E&O Policy • Errors in Title Exam • Errors in Escrow • Errors in Closing • No Error but Sued Anyway

5. What is E&O Insurance? • What it covers • * Negligence • What it doesn’t cover • * Exclusions – Sometimes Negligence! • * Intentional Acts - Fraud • * Breach of Contract

6. What if a claim is made? • 1. Notify agent/insurer immediately (Timing is crucial) • 2. Cooperate with insurer • 3. Preserve records

7. SUBPOENAS

8. What is a subpoena? • Court order to take action • Don’t ignore!

9. Why are subpoenas used? • To obtain testimony from third parties • To obtain records from third parties • Both to obtain records and testimony Custodian of records plus the records.

10. Types of Subpoenas: • 1. FOR DOCUMENTS • 2. FOR WITNESSES

11. Subpoenas for Documents • Typically closing file records • Usually seeks email - May be obligated to search Must preserve email, not just file docs • Attorney-client privilege may apply to certain documents or correspondence • Not records after lawsuit is filed • Produce entire file – Including post-it notes, file jacket, business cards EVERYTHING

12. Subpoenas for Witnesses Usually custodian of records • Often no need to attend deposition Can be witness at trial or deposition • Retain counsel • Contact lawyer or court reporter to arrange for testimony • Normally can work with your schedule unless trial testimony • Advise underwriter of subpoena