Florida Senate - 2009                                     SB 444
       
       
       
       By Senator Bennett
       
       
       
       
       21-00493-09                                            2009444__
    1                        A bill to be entitled                      
    2         An act relating to title insurance; creating s.
    3         626.8422, F.S.; authorizing a title insurance agent or
    4         agency to charge a reasonable fee for certain
    5         services; providing that such charges are not part of
    6         the rate charged by the title insurer; requiring that
    7         certain information regarding each charge be filed
    8         with the Office of Insurance Regulation; requiring
    9         that the office publish such information by specified
   10         means; prohibiting charges for certain services from
   11         being set below the cost to provide such services;
   12         amending s. 626.9541, F.S.; deleting certain portions
   13         of clarifying language related to the payment of
   14         certain portions of premium; prohibiting the payment
   15         of any portion of the premium as consideration for the
   16         referral of title insurance business; amending s.
   17         627.7711, F.S.; expanding the definition of “premium”
   18         to include endorsements, commitments, or other
   19         contracts; providing additional exceptions to the
   20         scope of the term “premium”; providing a method of
   21         calculation of premium; creating s. 627.7712, F.S.;
   22         authorizing a title insurance agent or agency to
   23         charge a reasonable fee for certain services;
   24         providing that such charges are not part of the rate
   25         charged by the title insurer; requiring that certain
   26         information regarding each charge be filed with the
   27         office; requiring that the office publish such
   28         information by specified means; prohibiting charges
   29         for certain services from being set below the cost to
   30         provide such services; amending s. 627.780, F.S.;
   31         prohibiting a person from knowingly quoting, charging,
   32         accepting, collecting, or receiving a premium for
   33         title insurance other than the premium approved by the
   34         office; amending s. 627.782, F.S.; providing for the
   35         approval of rates; requiring that each title insurer
   36         make an annual filing with the office on or before a
   37         specified deadline demonstrating that the rate for
   38         such insurance is actuarially sound; prohibiting rates
   39         for such filing from including certain charges,
   40         commission, or compensation; providing methods by
   41         which filing requirements may be satisfied; requiring
   42         that the office issue a notice of intent to approve or
   43         disapprove the filing on or before a specified
   44         deadline; providing that such notice constitutes
   45         agency action; providing that requests for supporting
   46         information, mathematical or mechanical corrections,
   47         or notification of the office's preliminary findings
   48         do not toll the deadline date; providing that a rate
   49         be deemed approved if the office does not issue the
   50         required notice within the specified period; requiring
   51         that the office review a rate filing to determine if
   52         the rate is excessive, inadequate, or unfairly
   53         discriminatory; requiring that the office consider
   54         certain factors and information when making such
   55         review; providing standards upon which a rate may be
   56         found excessive, inadequate, or unfairly
   57         discriminatory; authorizing the office to require an
   58         insurer to provide, at the insurer's expense, any
   59         information necessary to evaluate the condition of the
   60         company and reasonableness of the filing; authorizing
   61         the office to review certain information at any time;
   62         requiring that the office initiate proceedings to
   63         disapprove a rate and notify the insurer if the office
   64         finds on a preliminary basis that a rate is excessive,
   65         inadequate, or unfairly discriminatory; requiring that
   66         an insurer, upon receipt of such notice from the
   67         office, provide certain information within a specified
   68         period; requiring that the office issue a notice of
   69         intent to approve or a notice of intent to disapprove
   70         within a specified period; providing that an insurer
   71         has the burden of proof to show by a preponderance of
   72         the evidence that a rate is not excessive, inadequate,
   73         or unfairly discriminatory; prohibiting an insurer
   74         from altering a rate after its receipt of notice from
   75         the office that a rate may be excessive, inadequate,
   76         or unfairly discriminatory for a specified period;
   77         providing exceptions; authorizing the office to
   78         disapprove without notice any rate increase filed by
   79         an insurer during the prohibited period; requiring
   80         that certain individuals affiliated with a title
   81         insurer certify specified information on a form
   82         approved by the Financial Services Commission when
   83         submitting a rate filing; providing that it is a
   84         violation of state law for a certifying officer or
   85         actuary to knowingly make a false certification;
   86         providing that failure to provide such certification
   87         results in a filing being disapproved without
   88         prejudice; authorizing an insurer to refile a rate
   89         filing under such circumstances; defining the term
   90         “actuary”; authorizing an insurer to apply for an
   91         extension of time to make a filing under certain
   92         circumstances; authorizing the office to exempt a
   93         company from filing rates or rate certifications under
   94         certain circumstances; authorizing the office to order
   95         insurers not meeting certain filing requirements to
   96         discontinue the issuance of policies for which the
   97         required filing was not made until such time that the
   98         office determines that the required filing has been
   99         submitted properly; providing for application of an
  100         approved rate; authorizing the commission to require
  101         by rule that licensees submit certain information
  102         determined by the office as necessary to analyze
  103         premium rates, retention rates, or the condition of
  104         the title insurance industry; authorizing the
  105         commission to adopt rules; amending s. 627.7845, F.S.;
  106         providing that an insurer is liable to the insured for
  107         damages up to three times the amount of coverage under
  108         certain conditions; repealing s. 627.783, F.S.,
  109         relating to rate deviation; providing for application
  110         of the act; providing an effective date.
  111         
  112  Be It Enacted by the Legislature of the State of Florida:
  113         
  114         Section 1. Section 626.8422, Florida Statutes, is created
  115  to read:
  116         626.8422Charges for services.—
  117         (1)A title insurance agent or agency may charge a
  118  reasonable fee for primary title services, title searches, and
  119  closing services or the components thereof actually performed by
  120  the agent or agency. Any charges under this section do not
  121  constitute a part of the rate charged by the title insurer for
  122  the issuance of the title insurance form, policy, commitment, or
  123  contract issued in connection therewith. The agent or agency
  124  must file with the office the amount of each such charge or
  125  change to such charge, including the components thereof,
  126  together with related information as required by the office on a
  127  form adopted by the office. The office shall publish the
  128  information collected from agents or agencies pursuant to this
  129  section via the Internet or otherwise as the office deems
  130  sufficient to apprise the public of costs for these services
  131  among the various agents or agencies.
  132         (2)Charges for the services or components of services
  133  described in subsection (1) set by the agent or agency may not
  134  be set below the cost to provide such services.
  135         Section 2. Paragraph (h) of subsection (1) of section
  136  626.9541, Florida Statutes, is amended to read:
  137         626.9541 Unfair methods of competition and unfair or
  138  deceptive acts or practices defined.—
  139         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  140  ACTS.—The following are defined as unfair methods of competition
  141  and unfair or deceptive acts or practices:
  142         (h) Unlawful rebates.—
  143         1. Except as otherwise expressly provided by law, or in an
  144  applicable filing with the office, knowingly:
  145         a. Permitting, or offering to make, or making, any contract
  146  or agreement as to such contract other than as plainly expressed
  147  in the insurance contract issued thereon;
  148         b. Paying, allowing, or giving, or offering to pay, allow,
  149  or give, directly or indirectly, as inducement to such insurance
  150  contract, any unlawful rebate of premiums payable on the
  151  contract, any special favor or advantage in the dividends or
  152  other benefits thereon, or any valuable consideration or
  153  inducement whatever not specified in the contract;
  154         c. Giving, selling, or purchasing, or offering to give,
  155  sell, or purchase, as inducement to such insurance contract or
  156  in connection therewith, any stocks, bonds, or other securities
  157  of any insurance company or other corporation, association, or
  158  partnership, or any dividends or profits accrued thereon, or
  159  anything of value whatsoever not specified in the insurance
  160  contract.
  161         2. Nothing in paragraph (g) or subparagraph 1. of this
  162  paragraph shall be construed as including within the definition
  163  of discrimination or unlawful rebates:
  164         a. In the case of any contract of life insurance or life
  165  annuity, paying bonuses to all policyholders or otherwise
  166  abating their premiums in whole or in part out of surplus
  167  accumulated from nonparticipating insurance; provided that any
  168  such bonuses or abatement of premiums is fair and equitable to
  169  all policyholders and for the best interests of the company and
  170  its policyholders.
  171         b. In the case of life insurance policies issued on the
  172  industrial debit plan, making allowance to policyholders who
  173  have continuously for a specified period made premium payments
  174  directly to an office of the insurer in an amount which fairly
  175  represents the saving in collection expenses.
  176         c. Readjustment of the rate of premium for a group
  177  insurance policy based on the loss or expense thereunder, at the
  178  end of the first or any subsequent policy year of insurance
  179  thereunder, which may be made retroactive only for such policy
  180  year.
  181         d. Issuance of life insurance policies or annuity contracts
  182  at rates less than the usual rates of premiums for such policies
  183  or contracts, as group insurance or employee insurance as
  184  defined in this code.
  185         e. Issuing life or disability insurance policies on a
  186  salary savings, bank draft, preauthorized check, payroll
  187  deduction, or other similar plan at a reduced rate reasonably
  188  related to the savings made by the use of such plan.
  189         3.a. No title insurer, or any member, employee, attorney,
  190  agent, or agency thereof, shall pay, allow, or give, or offer to
  191  pay, allow, or give, directly or indirectly, as inducement to
  192  title insurance, or after such insurance has been effected, any
  193  rebate or abatement of the premium or any other charge or fee,
  194  or provide any special favor or advantage, or any monetary
  195  consideration or inducement whatever.
  196         b. Nothing in this subparagraph shall be construed as
  197  prohibiting the payment of fees to attorneys at law, duly
  198  licensed to practice law in the courts of this state, for
  199  professional services, or as prohibiting the payment of earned
  200  portions of the premium to duly appointed agents or agencies who
  201  actually perform services for the title insurer. Nothing in this
  202  subparagraph shall be construed as prohibiting a rebate or
  203  abatement of an attorney's fee charged for professional
  204  services, or that portion of the premium that is not required to
  205  be retained by the insurer pursuant to s. 627.782(1), or any
  206  other agent charge or fee to the person responsible for paying
  207  the premium, charge, or fee.
  208         c. No insured named in a policy, or any other person
  209  directly or indirectly connected with the transaction involving
  210  the issuance of such policy, including, but not limited to, any
  211  mortgage broker, real estate broker, builder, or attorney, any
  212  employee, agent, agency, or representative thereof, or any other
  213  person whatsoever, shall knowingly receive or accept, directly
  214  or indirectly, any rebate or abatement of any portion of the
  215  title insurance premium or of any other charge or fee or any
  216  monetary consideration or inducement whatsoever, except as set
  217  forth in sub-subparagraph b.; provided, in no event shall any
  218  portion of the attorney's fee, any portion of the premium that
  219  is not required to be retained by the insurer pursuant to s.
  220  627.782(1), any agent charge or fee, or any other monetary
  221  consideration or inducement be paid directly or indirectly for
  222  the referral of title insurance business.
  223         Section 3. Subsection (2) of section 627.7711, Florida
  224  Statutes, is amended to read:
  225         627.7711 Definitions.—As used in this part, the term:
  226         (2) “Premium” means the charge, as specified by rule of the
  227  commission, that is made by a title insurer for a title
  228  insurance policy, endorsement, commitment, or other contract for
  229  including the charge for performance of primary title services
  230  by a title insurer or title insurance agent or agency, and
  231  incurring the risks incident to the such policy, endorsement,
  232  commitment, or other contract under the several classifications
  233  of title insurance contracts and forms, and upon which charge a
  234  premium tax is paid under s. 624.509. As used in this part or in
  235  any other law, with respect to title insurance, the word
  236  “premium” does not include a commission or any reimbursement for
  237  primary title services, title searches, closing services, or any
  238  component thereof performed by a title insurer, title insurance
  239  agent, or agency. The premium shall be calculated by multiplying
  240  the approved rate by each $1,000 of title insurance limits
  241  provided.
  242         Section 4. Section 627.7712, Florida Statutes, is created
  243  to read:
  244         627.7712Charges for services.—
  245         (1)A title insurance agent or agency may charge a
  246  reasonable fee for primary title services, title searches, and
  247  closing services or the components thereof actually performed by
  248  the agent or agency. Any charges under this section do not
  249  constitute a part of the rate charged by the title insurer for
  250  the issuance of the title insurance form, policy, commitment, or
  251  contract issued in connection therewith. The agent or agency
  252  must file with the office the amount of each such charge or
  253  change to such charge, including the components thereof,
  254  together with related information as required by the office on a
  255  form adopted by the office. The office shall publish the
  256  information collected from agents or agencies pursuant to this
  257  section via the Internet or otherwise as the office deems
  258  sufficient to apprise the public of costs for these services
  259  among the various agents or agencies.
  260         (2)Charges for the services or components of services
  261  described in subsection (1) set by the agent or agency may not
  262  be set below the cost to provide such services.
  263         Section 5. Subsection (1) of section 627.780, Florida
  264  Statutes, is amended to read:
  265         627.780 Illegal dealings in premium.—
  266         (1) A person may not knowingly quote, charge, accept,
  267  collect, or receive a premium for title insurance other than the
  268  premium approved by the office adopted by the commission, except
  269  as provided in s. 626.9541(1)(h)3.b.
  270         Section 6. Section 627.782, Florida Statutes, is amended to
  271  read:
  272         627.782 Approval Adoption of rates.—
  273         (1)Each title insurer shall make an annual filing with the
  274  office no later than 12 months after the date of that insurer's
  275  previous filing which demonstrates that the rate is actuarially
  276  sound. Rates for the required filing may not include any charge
  277  for primary title services, closing services, or title searches
  278  as defined in s. 627.7711 or any commission or other
  279  compensation made to title agents or agencies.
  280         (a) The filing requirements of this section shall be
  281  satisfied by one of the following methods:
  282         1. A rate filing prepared by an actuary containing
  283  documentation demonstrating that the proposed rates are not
  284  excessive, inadequate, or unfairly discriminatory pursuant to
  285  applicable rating laws and rules of the commission.
  286         2. If no rate change is proposed, a filing consisting of a
  287  certification by an actuary that the existing rate is
  288  actuarially sound and not excessive, inadequate, or unfairly
  289  discriminatory.
  290         (b) The office shall finalize its review by issuing a
  291  notice of intent to approve or a notice of intent to disapprove
  292  within 90 days after the date of its receipt of the filing. The
  293  notice of intent to approve and the notice of intent to
  294  disapprove constitute agency action for purposes of chapter 120.
  295  Requests for supporting information, requests for mathematical
  296  or mechanical corrections, or notification to the insurer by the
  297  office of its preliminary findings do not toll the 90-day period
  298  during any such proceeding. The rate shall be deemed approved if
  299  the office does not issue a notice of intent to approve or a
  300  notice of intent to disapprove within 90 days after the date of
  301  its receipt of the filing.
  302         (c)Upon receipt of a rate filing, the office shall review
  303  the rate filing to determine if the rate is excessive,
  304  inadequate, or unfairly discriminatory. The office shall, in
  305  accordance with generally accepted and reasonable actuarial
  306  principles and techniques, consider the following factors when
  307  making such determination:
  308         1.Each title insurer's loss experience and prospective
  309  loss experience within and without this state under closing
  310  protection letters, policies, endorsements, commitments, and
  311  other contracts and policy liabilities.
  312         2.A reasonable margin for profit and contingencies,
  313  including contingent liability under s. 627.7865, sufficient to
  314  allow title insurers to earn a rate of return on their capital
  315  which will attract and retain adequate capital investment in the
  316  title insurance business and maintain an efficient title
  317  insurance delivery system.
  318         3.Past expenses and prospective expenses for the
  319  administration and handling of risks.
  320         4.Liability for defalcation.
  321         5.The degree of competition among insurers for the risk
  322  insured.
  323         6.Investment income reasonably expected by the insurer,
  324  consistent with the insurer's investment practices, from
  325  premiums anticipated in the filing, plus any other expected
  326  income from currently invested assets representing the amount
  327  expected on unearned premium reserves and loss reserves. The
  328  commission may adopt rules using reasonable techniques of
  329  actuarial science and economics to specify the manner in which
  330  insurers must calculate investment income attributable to such
  331  classes of insurance written in this state and the manner in
  332  which such investment income must be used in the calculation of
  333  insurance rates. The manner of calculation shall contemplate
  334  allowances for a profit factor and investment income that
  335  produce a reasonable rate of return; however, investment income
  336  from invested surplus must not be considered.
  337         7.The reasonableness of the judgment reflected in the
  338  filing.
  339         8.Dividends, savings, or unabsorbed premium deposits
  340  allowed or returned to Florida policyholders, members, or
  341  subscribers.
  342         9.The adequacy of loss reserves.
  343         10.The cost of reinsurance.
  344         11.Trend factors, including trends in actual losses per
  345  insured unit for the insurer making the filing.
  346         12.Other relevant factors that affect the frequency or
  347  severity of claims or expenses.
  348         (d)After consideration of the rate factors provided in
  349  paragraph (c), a rate may be found by the office to be
  350  excessive, inadequate, or unfairly discriminatory based upon the
  351  following standards:
  352         1.Rates shall be deemed excessive if they are likely to
  353  produce a profit from Florida business which is unreasonably
  354  high in relation to the risk involved in the class of business
  355  or if expenses are unreasonably high in relation to services
  356  rendered.
  357         2.Rates shall be deemed excessive if, among other things,
  358  the rate structure established by a title insurer provides for
  359  replenishment of surpluses from premiums if the replenishment is
  360  necessitated by investment losses.
  361         3.Rates shall be deemed inadequate if the rates and the
  362  investment income attributable to them are clearly insufficient
  363  to sustain projected losses and expenses in the class of
  364  business to which they apply.
  365         (e)In reviewing a rate filing, the office may require the
  366  insurer to provide, at the insurer's expense, all information
  367  necessary to evaluate the condition of the company and the
  368  reasonableness of the filing according to the criteria
  369  enumerated in this section.
  370         (f)The office may at any time review a rate, rating
  371  schedule, rating manual, or rate change; the pertinent records
  372  of the insurer; and market conditions. If the office finds on a
  373  preliminary basis that a rate may be excessive, inadequate, or
  374  unfairly discriminatory, the office shall initiate proceedings
  375  to disapprove the rate and shall notify the insurer. Upon being
  376  notified, the insurer shall, within 60 days, file with the
  377  office all information that, in the belief of the insurer,
  378  proves the reasonableness, adequacy, and fairness of the rate or
  379  rate change. The office shall issue a notice of intent to
  380  approve or a notice of intent to disapprove pursuant to the
  381  procedures of paragraph (b) within 90 days after the date of its
  382  receipt of the insurer's initial response. In such instances and
  383  in any administrative proceeding relating to the legality of the
  384  rate, the insurer has the burden of proof to show by a
  385  preponderance of the evidence that the rate is not excessive,
  386  inadequate, or unfairly discriminatory. After the office
  387  notifies an insurer that a rate may be excessive, inadequate, or
  388  unfairly discriminatory, unless the office withdraws the
  389  notification, the insurer may not alter the rate except to
  390  conform with the office's notice until the earlier of 120 days
  391  after the date the notification was provided or 180 days after
  392  the date of the implementation of the rate. The office may,
  393  subject to chapter 120, disapprove without the required 60-day
  394  notification any rate increase filed by an insurer within the
  395  prohibited period or during the time that the legality of the
  396  increased rate is being contested.
  397         (g)When submitting a rate filing, the chief executive
  398  officer or the chief financial officer of the title insurer and
  399  the chief actuary of the title insurer must certify the
  400  following information on a form approved by the commission,
  401  under oath, and subject to penalty of perjury:
  402         1.The signing officer and actuary have reviewed the rate
  403  filing;
  404         2.Based on the knowledge of the signing officer and
  405  actuary, the rate filing does not contain any untrue statement
  406  of a material fact or omit a material fact necessary to make the
  407  statements not misleading, in light of the circumstances under
  408  which such statements were made;
  409         3.Based on the knowledge of the signing officer and
  410  actuary, the information and other factors described in this
  411  section, including, but not limited to, investment income,
  412  present the basis of the rate filing in all material respects
  413  for the periods presented in the filing; and
  414         4.Based on the knowledge of the signing officer and
  415  actuary, the rate filing reflects all premium savings that are
  416  reasonably expected to result from legislative enactments and
  417  are in accordance with generally accepted and reasonable
  418  actuarial techniques.
  419  A signing officer or actuary who knowingly makes a false
  420  certification under this subsection commits a violation of s.
  421  626.9541(1)(e) and is subject to the penalties prescribed in s.
  422  626.9521. Failure to provide such certification by the officer
  423  and actuary shall result in the rate filing being disapproved
  424  without prejudice. Under such circumstances, the insurer or
  425  rating organization may refile its rate filing with the required
  426  certification. As used in this paragraph, the term “actuary”
  427  means an individual who is a member of the Casualty Actuary
  428  Society or the American Academy of Actuaries.
  429         (h)If, at the time a filing is required under this
  430  section, an insurer is in the process of completing a rate
  431  review, the insurer may apply to the office for an extension of
  432  up to an additional 30 days to make the filing. The request for
  433  an extension must be received by the office no later than the
  434  date the filing is due.
  435         (i)After receiving a request to be exempted from the
  436  provisions of this section before the filing is due, the office
  437  may, due to insignificant numbers of policies in force or
  438  insignificant premium volume, exempt a company from filing rates
  439  or rate certification as required by this section.
  440         (j)If an insurer fails to meet the filing requirements of
  441  this subsection and does not submit the filing within 60 days
  442  following the date on which the filing is due, the office may,
  443  in addition to any other penalty authorized by law, order the
  444  insurer to discontinue the issuance of policies for which the
  445  required filing was not made until such time that the office
  446  determines that the required filing has been submitted properly.
  447         (1)Subject to the rating provisions of this code, the
  448  commission must adopt a rule specifying the premium to be
  449  charged in this state by title insurers for the respective types
  450  of title insurance contracts and, for policies issued through
  451  agents or agencies, the percentage of such premium required to
  452  be retained by the title insurer which shall not be less than 30
  453  percent. However, in a transaction subject to the Real Estate
  454  Settlement Procedures Act of 1974, 12 U.S.C. ss. 2601 et seq.,
  455  as amended, no portion of the premium attributable to providing
  456  a primary title service shall be paid to or retained by any
  457  person who does not actually perform or is not liable for the
  458  performance of such service.
  459         (2)In adopting premium rates, the commission must give due
  460  consideration to the following:
  461         (a)The title insurers' loss experience and prospective
  462  loss experience under closing protection letters and policy
  463  liabilities.
  464         (b)A reasonable margin for underwriting profit and
  465  contingencies, including contingent liability under s. 627.7865,
  466  sufficient to allow title insurers, agents, and agencies to earn
  467  a rate of return on their capital that will attract and retain
  468  adequate capital investment in the title insurance business and
  469  maintain an efficient title insurance delivery system.
  470         (c)Past expenses and prospective expenses for
  471  administration and handling of risks.
  472         (d)Liability for defalcation.
  473         (e)Other relevant factors.
  474         (3)Rates may be grouped by classification or schedule and
  475  may differ as to class of risk assumed.
  476         (4)Rates may not be excessive, inadequate, or unfairly
  477  discriminatory.
  478         (2)(5) The approved rate premium applies to each $100 of
  479  insurance issued to an insured.
  480         (3)(6) The approved rate applies premium rates apply
  481  throughout this state.
  482         (7)The commission shall, in accordance with the standards
  483  provided in subsection (2), review the premium as needed, but
  484  not less frequently than once every 3 years, and shall, based
  485  upon the review required by this subsection, revise the premium
  486  if the results of the review so warrant.
  487         (4)(8) The commission may, by rule, require licensees under
  488  this part to annually submit statistical information, including
  489  loss and expense data, as the office department determines to be
  490  necessary to analyze premium rates, retention rates, and the
  491  condition of the title insurance industry.
  492         (5)The commission may establish procedures for the
  493  required filings by rule.
  494         Section 7. Subsection (1) of section 627.7845, Florida
  495  Statutes, is amended to read:
  496         627.7845 Determination of insurability required;
  497  preservation of evidence of title search and examination.—
  498         (1) A title insurer may not issue a title insurance
  499  commitment, endorsement, or title insurance policy until the
  500  title insurer has caused to be made a determination of
  501  insurability based upon the evaluation of a reasonable title
  502  search or a search of the records of a Uniform Commercial Code
  503  filing office, as applicable, has examined such other
  504  information as may be necessary, and has caused to be made a
  505  determination of insurability of title or the existence,
  506  attachments, perfection, and priority of a Uniform Commercial
  507  Code security interest, including endorsement coverages, in
  508  accordance with sound underwriting practices. If an insurer or
  509  its agent is negligent in performing the activities required in
  510  this subsection, the insurer is liable to the insured for
  511  damages up to three times the amount of coverage.
  512         Section 8. Section 627.783, Florida Statutes, is repealed.
  513         Section 9. This act shall take effect July 1, 2009, and
  514  applies to title insurance forms, contracts, commitments, or
  515  policies issued on or after that date.