If the attorney is chosen from our provider list and he chooses the title insurance company, does the title insurance fall with the 10% tolerance or is it considered no tolerance because the actual title company was not on our list.

yes

Yes, what? 10% tolerance or no tolerance?

I believe if you provide a list of title insurance companies and the attorney choses one that is on the list it would fall under the 10% tolerance. If the company chosen is not on your list, I don't believe it would fall under the tolerance.