11.12 Letters To Customers

11.12.1

In General

The issuance of letters to customers written by employees or agents of the Company for the purpose of explaining, construing, interpreting or modifying matters contained in a title commitment or policy, either as exceptions or as subject of coverage, is not permitted unless specifically authorized by the National Legal Department.

These letters, also known as comfort letters, represent a definite extrahazardous risk for the Company. Generally, customers request these letters for any of the following purposes:

  • Explanation of the insurance afforded by the policy.

  • Explanation of the meaning of a title exception.

  • The effect subsequent matters concerning the insured, the title, or the land and how such matters will affect policy coverage.

Letters to customers in connection with any of the above described purposes, in addition to being considered as an unauthorized practice of law, may be used in a court of law to prove the modification or extension, in favor of the insured-plaintiff, of the conditions of the policy coverage.

Any request for the issuance of a customer letter, either before or after the issuance of the policy must be referred to the National Legal Department.