Henderson v. Lawyers Title Insurance Corp.

{¶ 47} I agree with the majority that a title insurance policy issued in response to an unqualified request for coverage but not delivered until after the closing is binding. But I dissent because, in my view, the evidence establishes that an arbitration clause is a usual and customary term in the 1992 American Land Title Association (“ALTA”) owner’s policy for title insurance.

{¶ 48} As a general rule, federal and state courts encourage arbitration to resolve disputes. ABM Farms v. Woods (1998), 81 Ohio St.3d 498, 500, 692 N.E.2d 574. On the federal level, the Federal Arbitration Act (“FAA”)…