Neighbors live-in boyfriend brandished a firearm, threatened to kill us. DA would not pick up case. He said/ She said. We incurred costs to obtain a restraining order, also to confront a termination of restraining order hearing. Title will not provide a survey, or appoint Cumis counsel. No resolution to easement like quiet title. They only will send an appraiser to determine diminished value. Gonna demand policy limits and hope they say no so we can litigate for bad faith and damages. Will title be responsible for all costs resulting from their error? Tips on proceeding with suit would be greatly appreciated. Thank you
I think you will discover that your costs incurred to obtain a restraining order against a third-party are not compensable under a standard title policy.
Insurance policies defend against claims and compensate for damages. They do not provide coverage for the prosecution of claims.
Retain counsel and experts re damages if the title company cannot obtain title as guaranteed. You do not have a right to Cumis Counsel under the stated facts.
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