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Closing Protection Letters for Title Insurance: Risk of Loss Issues; Due Diligence; Scope of Liability; Enforcement

Key Provisions, Pitfalls to Avoid, Latest Developments

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Friday, February 9, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide real estate counsel with practical guidance for structuring closing protection letters (CPLs) for title insurance. The panel will address the latest developments and trends in CPLs. The panel will also identify key provisions to be included in CPLs and drafting pitfalls to avoid.


In CPLs, underwriters agree to indemnify the lender for actual losses caused by certain kinds of misconduct by the closing agent. Title underwriters often authorize closing agents to issue these letters to lenders when the closing agent anticipates issuing the underwriter's title insurance policies in the transaction. Typical CPL provisions cover the failure to follow written closing instructions, require the closing agent to obtain, but not to vouch for the validity or effectiveness of a specific document, or relate to the collection of funds due to the lender. Other standard clauses address fraud or dishonesty in handling the lender's funds or documents.

The CPL serves an essential function in providing lenders with assurance that title agents will properly handle their funds and documents. Yet the body of case law interpreting CPLs remains remarkably small. Understanding the CPL and its function is essential for any real estate counsel and litigators, lenders, and property owners.

Listen as our authoritative panel addresses the latest trends and developments in CPLs. The panel will practically guide real estate counsel in structuring enforceable CPLs for title insurance, addressing key provisions to be included, and drafting pitfalls to avoid.



  1. Overview
  2. Risk of loss issues
  3. ALTA form
  4. Insurance issues
  5. Enforcement issues
  6. Scope of liability and measure of damages
  7. Best practices and practical strategies
  8. Conclusion


The panel will review these and other high priority issues:

  • What are the latest trends and developments in CPLs?
  • What are the most important provisions to include?
  • What due diligence is necessary?
  • What do recent cases and opinions say about best practices for drafting CPLs?
  • What are the critical loss issues?


O’Donnell, Michael
Michael R. O'Donnell

Riker Danzig

Mr. O’Donnell has represented every major title insurer including Chicago Title Insurance Co., First American...  |  Read More

Zablocki, Steven
Steve Zablocki

Underwriting Counsel
First American Title Insurance Company

Mr. Zablocki provides underwriting support, counsel, and authorization to company personnel, agents, and customer(s),...  |  Read More

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