Escrow & TitleIntermediateDelaware Exam

What is 'subrogation' in title insurance?

AThe process of subordinating a lien to a new mortgage
BThe right of the title insurer, after paying a claim, to step into the insured's shoes and pursue the party responsible for the title defect to recover the amount paidCorrect
CSimply the administrative process of substituting one title insurance company's policy for another company's policy, though outcomes can differ depending on circumstances
DThe requirement for a sub-agent to obtain their own title insurance

Why The right of the title insurer, after paying a claim, to step into the insured's shoes and pursue the party responsible for the title defect to recover the amount paid Is Correct

Answer B: The right of the title insurer, after paying a claim, to step into the insured's shoes and pursue the party responsible for the title defect to recover the amount paid

Subrogation is the title insurer's right, after paying an insurance claim, to step into the insured's position and pursue legal remedies against the party who caused the title defect. For example, if a forged deed caused a loss and the insurer pays the claim, the insurer can then sue the forger to recover its payment.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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