Major Claims

The attorneys of Sauerwein Simon P.C. are experienced in handling major claims for title insurance carriers, claims that due to their size, complexity and sensitive nature, require greater experience and expertise that very few firms can provide. Our attorneys are well known for their work with in-house counsel and insurance carrier senior claims managers, on high-profile and potentially high-exposure cases, including multi-party mechanics lien suits, mass mortgage and real estate fraud and forgery actions, agency defalcations, and defense of class action suits against the insurance company.

Our firm has devoted more lawyers to the specialties of real estate law, title insurance litigation and policy analysis than any firm in Missouri and in Central and Southern Illinois and we have an established track record of accomplishment. We understand the importance of a prompt, thorough investigation, early assessment by senior counsel, and when required, meticulous trial preparation.

Our firm handles major claims with expertise and efficiency. We work hard to attain better than expected results while keeping an eye on the cost of the litigation. We have handled thousands of claims for underwriters and their insureds.

Some examples of Major Claims we have handled include:

• Represented all insureds (property owners and lenders) in suit filed by the Miami Indian Tribe against property owners, lenders, and the State of Illinois claiming land comprising sixteen counties. Performed extensive investigation, met with State officials and insureds, researched title history dating back to the origins of land title the United States and land grants by the Secretary of War to Indian Tribes. Defended federal case by filing a Motion to Dismiss based on a unique theory not asserted in similar cases by other firms.
• Represented underwriter in class action suit filed by buyers and sellers of real estate over a two year period of time. Suit alleged that various underwriters and agents wrongfully collected notary fees in connection with the closings. All cases were eventually settled, however my clients received the most favorable settlement terms relative to the other underwriters included as defendants.
• Handled, on behalf of two separate underwriters, all lawsuits, claims, governmental investigations and recoupment actions in connection with Missouri’s DHP/Capital Title Agency mortgage fraud scheme. The representation involved the defense of and filing of numerous lawsuits to quiet title involving 220 separate pieces of real estate in Missouri. The potential exposure to the companies exceeded 9 million dollars.
• Defended insurer in major fraud case in which closing agent was alleged to have participated with real estate agent appraiser and mortgage banker to defraud property purchaser. More than two million dollars in damages was asserted. The case was eventually settled for a nuisance value settlement then dismissed.
• Negotiated then administered a compromise settlement and resolution of an insurance company employee fraud resulting in numerous claims.
• We have recovered million of dollars for the underwriters we represent.
• Represented insureds in major large exposure mechanic’s lien cases in the State of Missouri and Illinois.
• Represented insured in mortgage priority suit involving nine million dollar time share financing and mortgages.
• Successfully defended insured owner and lender after an agent missed a $16 million dollar prior judgment lien. Representation resulted in no liability to the company or its insureds.
• Successfully defended the company in fraud litigation resulting from closings conducted by direct operations on behalf of a California real estate investor. Following the deposition of plaintiff, the plaintiff voluntarily dismissed its case against the underwriter while pursuing another party to judgment.
• Represented insurers in connection with numerous major agency defalcations in the State of Missouri.