The Florida Senate

627.7845  Determination of insurability required; preservation of evidence of title search and examination.--

¹(1)  A title insurer may not issue a title insurance commitment, endorsement, or title insurance policy until the title insurer has caused to be conducted a reasonable search and examination of the title or the records of a Uniform Commercial Code filing office, as applicable, has examined such other information as may be necessary, and has caused to be made a determination of insurability of title or the existence, attachments, perfection, and priority of a Uniform Commercial Code security interest, including endorsement coverages, in accordance with sound underwriting practices.

¹(2)  The title insurer shall cause the evidence of the reasonable search and examination of the title or the records of a Uniform Commercial Code filing office to be preserved and retained in its files or in the files of its title insurance agent or agency for a period of not less than 7 years after the title insurance commitment, title insurance policy, or guarantee of title was issued. The title insurer or agent or agency must produce the evidence required to be maintained by this subsection at its offices upon the demand of the office. Instead of retaining the original evidence, the title insurer or the title insurance agent or agency may, in the regular course of business, establish a system under which all or part of the evidence is recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original.

(3)  The title insurer or its agent or agency must maintain a record of the actual risk premium and related title service charges made for issuance of the policy and any endorsements in its files for a period of not less than 7 years. The title insurer, agent, or agency must produce the record at its office upon demand of the office.

(4)  This section does not apply to an insurer assuming no primary liability in a contract of reinsurance or to an insurer acting as a coinsurer if any other coinsuring insurer has complied with this section.

History.--ss. 582, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 4, ch. 85-185; ss. 102, 114, ch. 92-318; s. 18, ch. 99-286; s. 1207, ch. 2003-261; s. 3, ch. 2005-153.

¹Note.--Section 5, ch. 2005-153, provides that "[t]his section and section 4 shall take effect [June 8, 2005]. Sections 1, 2, and 3 shall take effect upon the date the Office of Insurance Regulation approves the title insurance form and corresponding rate for the insurance provided in s. 624.608(2), Florida Statutes[,] as amended by this act." Section 4, ch. 2005-153, requires the Office of Insurance Regulation to approve the title insurance form and corresponding rate for the insurance described in s. 624.608(2) no later than January 1, 2006.