Title Nerds Season 5, Episode 2 (Podcast)

In this season’s second episode, Monica Gilroy of The Gilroy Firm  joined the podcast, welcomed by co-hosts Bethany Abele and Mike O’Donnell, who know Monica well through the American Land Title Association (“ALTA”).  Based in Atlanta, Monica has a legal practice providing coverage opinions, claims litigation and real estate litigation.  Monica provided a spirited and captivating overview of her experience, including her involvement in the Real Property Law Section of the George State Bar, ALTA committee leadership, and speaking and writing.  She explained some distinctive aspects of title insurance law in Georgia, such as the impact of the lack of a saving statute law and the “Gordon” laws, and also shared some entertaining war stories.

Then Mike turned to a case recently decided in the Colorado Court of Appeals, Michel L. Schulp Revocable Trust v. Attys. Title Guar. Fund, Inc., 2026 Colo. App. LEXIS 340 (Colo. App., March 19, 2026).  The case addressed the applicability of the complete defense rule in the title insurance context, and provided insight into what Covered Risks 4 and 5 cover and how Exclusions are used to determine coverage.

Key Takeaways from this episode:

• The Colorado Court of Appeals joins a growing majority of courts nationwide in holding that the complete defense rule, which requires liability insurers to defend all claims if any claim is arguably covered, is not applicable to title insurance.
• The type of access the policy insures does not necessarily mean it is the most desirable access to the property, and that can have implications that should be  considered when developing a property.