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The New 2016 ALTA Commitment With Florida Modifications: Expressing The Limitations On Liability

Litigation and Trials   |   Real Estate   |   Real Property Litigation   |   Title Insurance   |   August 15, 2017

Carlton Fields Shareholder and Co-Leader of the firm’s Title Insurance industry group, Chris Smart, authored an article for the Summer 2017 issue of ActionLine, a publication of The Florida Bar Real, Property, Probate, and Trust Law Section. The article, “The New 2016 ALTA Commitment With Florida Modifications: Expressing The Limitations On Liability,” discusses a significant change to one of the standard title insurance forms that recently went into effect. The new 2016 ALTA Commitment with Florida Modifications both streamlines the existing features of the title insurance commitment and, for the first time, expressly sets out many of the fundamental title insurance industry assumptions underlying such commitments. The clear and laudable aim of this new form is more clarity, less misunderstanding, and therefore, a better relationship among the contracting parties. This article summarizes the changes to the form, with a particular focus on the important new notice and the express prescription on the title insurance issuing agent's limited role on behalf of the title insurer.

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