House Bill hb1245

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    Florida House of Representatives - 2002                HB 1245

        By Representative Pickens






  1                      A bill to be entitled

  2         An act relating to title insurance; providing

  3         legislative intent; amending s. 626.9541, F.S.;

  4         clarifying a prohibition against unlawful

  5         rebates as an unfair method of competition and

  6         an unfair or deceptive act; amending s.

  7         627.7711, F.S.; revising a definition;

  8         specifying allowable rebatable portions of

  9         premium; amending ss. 627.776 and 627.780,

10         F.S., to conform; creating s. 627.7805, F.S.;

11         providing for rebating portions of certain

12         premiums under certain circumstances;

13         specifying criteria and limitations; reenacting

14         ss. 627.777, 627.7773, 627.7776, 627.778,

15         627.782, 627.783, 627.7831, 627.784, 627.7841,

16         627.7842, 627.7843, 627.7845, 627.785, 627.786,

17         627.7865, 627.791, 627.792, 627.793, 627.796,

18         627.797, and 627.798, F.S.; providing an

19         effective date.

20

21         WHEREAS, the Legislature finds that regulation of

22  insurance is in the public interest; that it promotes the

23  public health, safety, and welfare by ensuring the solvency

24  and soundness of insurers; that determination of insurability

25  of title to real property prior to insuring such property is

26  essential to the maintenance of the solvency and soundness of

27  title insurers; and that because title agents or title

28  agencies determine insurability on behalf of title insurers,

29  there is a direct relationship between the determination of

30  insurability performed by title agents or title agencies and

31  the public interest, and

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  1         WHEREAS, the Florida Supreme Court, based on judicial

  2  precedents concerning other types of insurance, determined in

  3  the case of Chicago Title Insurance Co. v. Butler, 770 So.2d

  4  1210 (Fla. 2000) that certain title insurance statutes of this

  5  state are unconstitutional to the extent that they prohibit

  6  the negotiation of rebates of portions of title insurance

  7  premiums from title agents and title agencies, and

  8         WHEREAS, the Legislature finds that the regulation of

  9  title insurance rebates by title insurers, title agents, and

10  title agencies is nevertheless as essential to the public

11  interest as the regulation of rebates for other types of

12  insurance in order to prevent discriminatory rebating

13  practices and to prevent unregulated rebating from threatening

14  the solvency and soundness of title insurers, title agents,

15  and title agencies, NOW, THEREFORE,

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  It is the intent of the Legislature that a

20  portion of title insurance premium be rebatable and that the

21  rebating of portions of title insurance premium be regulated

22  as provided in this act.

23         Section 2.  Paragraph (h) of subsection (1) of section

24  626.9541, Florida Statutes, is amended to read:

25         626.9541  Unfair methods of competition and unfair or

26  deceptive acts or practices defined.--

27         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

28  DECEPTIVE ACTS.--The following are defined as unfair methods

29  of competition and unfair or deceptive acts or practices:

30         (h)  Unlawful rebates.--

31

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  1         1.  Except as otherwise expressly provided by law, or

  2  in an applicable filing with the department, knowingly:

  3         a.  Permitting, or offering to make, or making, any

  4  contract or agreement as to such contract other than as

  5  plainly expressed in the insurance contract issued thereon;

  6         b.  Paying, allowing, or giving, or offering to pay,

  7  allow, or give, directly or indirectly, as inducement to such

  8  insurance contract, any unlawful rebate of premiums payable on

  9  the contract, any special favor or advantage in the dividends

10  or other benefits thereon, or any valuable consideration or

11  inducement whatever not specified in the contract; or

12         c.  Giving, selling, or purchasing, or offering to

13  give, sell, or purchase, as inducement to such insurance

14  contract or in connection therewith, any stocks, bonds, or

15  other securities of any insurance company or other

16  corporation, association, or partnership, or any dividends or

17  profits accrued thereon, or anything of value whatsoever not

18  specified in the insurance contract.

19         2.  Nothing in paragraph (g) or subparagraph 1. of this

20  paragraph shall be construed as including within the

21  definition of discrimination or unlawful rebates:

22         a.  In the case of any contract of life insurance or

23  life annuity, paying bonuses to all policyholders or otherwise

24  abating their premiums in whole or in part out of surplus

25  accumulated from nonparticipating insurance; provided that any

26  such bonuses or abatement of premiums is fair and equitable to

27  all policyholders and for the best interests of the company

28  and its policyholders.

29         b.  In the case of life insurance policies issued on

30  the industrial debit plan, making allowance to policyholders

31  who have continuously for a specified period made premium

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  1  payments directly to an office of the insurer in an amount

  2  which fairly represents the saving in collection expenses.

  3         c.  Readjustment of the rate of premium for a group

  4  insurance policy based on the loss or expense thereunder, at

  5  the end of the first or any subsequent policy year of

  6  insurance thereunder, which may be made retroactive only for

  7  such policy year.

  8         d.  Issuance of life insurance policies or annuity

  9  contracts at rates less than the usual rates of premiums for

10  such policies or contracts, as group insurance or employee

11  insurance as defined in this code.

12         e.  Issuing life or disability insurance policies on a

13  salary savings, bank draft, preauthorized check, payroll

14  deduction, or other similar plan at a reduced rate reasonably

15  related to the savings made by the use of such plan.

16         3.a.  No title insurer, or any member, employee,

17  attorney, agent, agency, or solicitor thereof, shall pay,

18  allow, or give, or offer to pay, allow, or give, directly or

19  indirectly, as inducement to title insurance, or after such

20  insurance has been effected, any unlawful rebate or abatement

21  of the agent's, agency's, or title insurer's share of the

22  premium, or any unlawful rebate or abatement of any charge for

23  related title services below the cost for providing such

24  services, or provide any special favor or advantage, or any

25  monetary consideration or inducement whatever.  Nothing herein

26  contained shall preclude an abatement in an attorney's fee

27  charged for legal services.

28         b.  Nothing in this subparagraph shall be construed as

29  prohibiting the payment of fees to attorneys at law duly

30  licensed to practice law in the courts of this state, for

31  professional services, or as prohibiting the payment of earned

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  1  portions of the premium to duly appointed agents or agencies

  2  who actually perform services for the title insurer.

  3         c.  No insured named in a policy, or any other person

  4  directly or indirectly connected with the transaction

  5  involving the issuance of such policy, including, but not

  6  limited to, any mortgage broker, real estate broker, builder,

  7  or attorney, any employee, agent, agency, representative, or

  8  solicitor thereof, or any other person whatsoever, shall

  9  knowingly receive or accept, directly or indirectly, any

10  unlawful rebate or abatement of said charge, or any monetary

11  consideration or inducement, other than as set forth in

12  sub-subparagraph b.

13         Section 3.  Section 627.7711, Florida Statutes, is

14  amended to read:

15         627.7711  Definitions.--As used in this part, the term:

16         (1)(a)  "Related title services" means services

17  performed by a title insurer or title insurance agent or

18  agency, in the agent's or agency's capacity as such,

19  including, but not limited to, preparing or obtaining a title

20  search, examining title, preparing documents necessary to

21  close the transaction, conducting the closing, or handling the

22  disbursing of funds related to the closing in a real estate

23  closing transaction in which a title insurance commitment or

24  policy is to be issued. The premium, together with the charge

25  for related title services, constitutes the regular title

26  insurance premium.

27         (b)  "Primary title services" means determining

28  insurability in accordance with sound underwriting practices

29  based upon evaluation of a reasonable search and examination

30  of the title, determination and clearance of underwriting

31  objections and requirements to eliminate risk, preparation and

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  1  issuance of a title insurance commitment setting forth the

  2  requirements to insure, and preparation and issuance of the

  3  policy.

  4         (2)  "Premium" means the charge, as specified by rule

  5  of the department, that is made by a title insurer for a title

  6  insurance policy, including the charge for performance of

  7  primary title services by a title insurer or title insurance

  8  agent or agency, and incurring the risks incident to such

  9  policy, under the several classifications of title insurance

10  contracts and forms, and upon which charge a premium tax is

11  paid under s. 624.509. For purposes of As used in this part or

12  in any other law, the premium, with respect to title

13  insurance, shall include a separate title insurer portion and

14  a title insurance agency portion, with the title insurer

15  portion being that portion of the total premium required to be

16  retained by the title insurer under s. 627.782 and the title

17  insurance agency portion being that portion of the total

18  premium over and above that amount required to be retained by

19  the title insurer under s. 627.782, whether payable to a title

20  insurer, a title insurance agent, or a title insurance agency.

21  In the interest of promoting the solvency and soundness of

22  title insurers, title insurance agents, and title insurance

23  agencies, no more than 30 percent of the title insurance

24  agency's portion of the title insurance premium relating to

25  the portion of the policy liability in excess of $1 million

26  shall constitute the rebatable portion of the premium. No

27  other portion of the premium shall be rebatable the word

28  "premium" does not include a commission.

29         (3)  "Title insurer" means any domestic company

30  organized and authorized to do business under the provisions

31  of chapter 624, for the purpose of issuing title insurance, or

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  1  any insurer organized under the laws of another state, the

  2  District of Columbia, or a foreign country and holding a

  3  certificate of authority to transact business in this state,

  4  for the purpose of issuing title insurance.

  5         Section 4.  Section 627.776, Florida Statutes, is

  6  amended to read:

  7         627.776  Applicability or inapplicability of Florida

  8  Insurance Code provisions to title insurers.--

  9         (1)  In addition to any other provisions of law

10  applicable to title insurers, title insurers are subject to

11  the following provisions of this code:

12         (a)  Section 624.406(3) (title insurer must be a stock

13  insurer).

14         (b)  Section 624.407.

15         (c)  Section 624.408.

16         (d)  Section 624.411.

17         (e)  Section 624.608.

18         (f)  Section 625.031(4) (nonadmitted assets do not

19  include certain properties of title insurers).

20         (g)  Section 625.051(5) (title insurers exempt from

21  usual unearned premium reserve).

22         (h)  Section 625.111.

23         (i)  Section 625.330.

24         (j)  Section 626.9541(1)(h) (unlawful rebates

25  prohibited; title insurance).

26         (k)  Section 627.401(4) (limited applicability of part

27  II of chapter 627 as to title insurance).

28         (l)  Section 628.151.

29         (2)  The following provisions of this code do not apply

30  to title insurance:

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  1         (a)  Part I of chapter 626 (insurance representatives;

  2  licensing procedures and general requirements).

  3         (b)  Part II of chapter 626 (general lines agents and

  4  solicitors; qualifications and requirements).

  5         (c)  Part III of chapter 626 (life insurance agents).

  6         (d)  Part IV of chapter 626 (health insurance agents).

  7         (e)  Part VI of chapter 626 (insurance adjusters).

  8         (f)  Part I of chapter 627 (rates and rating

  9  organizations).

10         (g)  Part III of chapter 627 (life insurance policies

11  and annuity contracts).

12         (h)  Part IV of chapter 627 (industrial life insurance

13  policies).

14         (i)  Part V of chapter 627 (group life insurance).

15         (j)  Part VI of chapter 627 (health insurance

16  policies).

17         (k)  Part VII of chapter 627 (group, blanket, and

18  franchise health insurance).

19         (l)  Part IX of chapter 627 (credit life and disability

20  insurances).

21         (m)  Part X of chapter 627 (property insurance

22  contracts).

23         (n)  Part XI of chapter 627 (casualty insurance

24  contracts).

25         (o)  Part XII of chapter 627 (surety insurance

26  contracts).

27         (p)  Chapter 629.

28         (q)  Chapter 632.

29         (r)  Section 624.4095.

30         Section 5.  Section 627.780, Florida Statutes, is

31  amended to read:

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  1         627.780  Illegal dealings in risk premium.--

  2         (1)  A person may not knowingly quote, charge, accept,

  3  collect, or receive a premium for title insurance other than

  4  the premium adopted by the department; however, the rebatable

  5  portion of the title insurance premium, as defined in s.

  6  627.7711, may be rebated in accordance with s. 627.7805.

  7         (2)  A title insurer may not knowingly accept, collect,

  8  or receive any sum as premium for title insurance, if the

  9  title insurance is not then provided or is not to be provided,

10  subject to acceptance of the risk, in due course, unless the

11  title insurer promptly enters the sum on its books of account

12  as premium collected in advance.

13         Section 6.  Section 627.7805, Florida Statutes, is

14  created to read:

15         627.7805  Rebating; when allowed.--

16         (1)  No title insurer, title insurance agency, or title

17  insurance agent shall rebate the title insurer portion of the

18  premium required to be retained by the title insurer pursuant

19  to s. 627.782 or regulations adopted by the department under

20  such section. With respect to the agency portion of the

21  premium, only the rebatable portion of the premium, as defined

22  in s. 627.7711, may be rebated, and no title insurer, title

23  insurance agency, or title insurance agent shall rebate any

24  portion of his or her rebatable portion of the premium, as

25  defined in s. 627.7711, except as follows:

26         (a)  The age, sex, race, nationality, ethnic origin,

27  marital status, or occupation of the insured or other person

28  paying for the policy shall not be considered in determining

29  the percentage of the rebate or whether a rebate is available.

30         (b)  No rebate shall be withheld or limited in amount

31  based on factors that are unfairly discriminatory.

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  1         Section 7.  Sections 627.777, 627.7773, 627.7776,

  2  627.778, 627.782, 627.783, 627.7831, 627.784, 627.7841,

  3  627.7842, 627.7843, 627.7845, 627.785, 627.786, 627.7865,

  4  627.791, 627.792, 627.793, 627.796, 627.797, and 627.798,

  5  Florida Statutes, are reenacted to read:

  6         627.777  Approval of forms.--A title insurer may not

  7  issue or agree to issue any form of title insurance

  8  commitment, title insurance policy, other contract of title

  9  insurance, or related form until it is filed with and approved

10  by the department.  The department may not disapprove a title

11  guarantee or policy form on the ground that it has on it a

12  blank form for an attorney's opinion on the title.

13         627.7773  Accounting and auditing of forms by title

14  insurers.--

15         (1)  Each title insurer authorized to do business in

16  this state shall, at least once during each calendar year,

17  require of each of its title insurance agents or agencies

18  accountings of all outstanding forms in the agent's or

19  agency's possession of the types that are specified in s.

20  627.777.

21         (2)  If the department has reason to believe that an

22  audit of outstanding forms should be required of any title

23  insurer as to a title insurance agent or agency, the

24  department may require the title insurer to make a special

25  audit of the forms.  The title insurer shall complete the

26  audit not later than 60 days after the request is received

27  from the department, and shall report the results of the

28  special audit to the department no later than 90 days after

29  the request is received.

30         627.7776  Furnishing of supplies; civil liability.--

31

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  1         (1)  A title insurer may not furnish to any person any

  2  blank forms, applications, stationery, or other supplies to be

  3  used in soliciting, negotiating, or effecting contracts of

  4  title insurance on its behalf until that person has received

  5  from the insurer a contract to act as a title insurance agent

  6  or agency and has been licensed by the department, if required

  7  by s. 626.8417.

  8         (2)  A title insurer or title insurance agent or agency

  9  that furnishes any supplies to a person not authorized by the

10  title insurer as provided in subsection (1) is subject to

11  civil liability to any insured of the title insurer to the

12  same extent and in the same manner as if the person had been

13  appointed or authorized by the title insurer to act in its

14  behalf.

15         627.778  Limit of risk.--

16         (1)(a)  A title insurer may not issue any contract of

17  title insurance, either as a primary insurer or as a coinsurer

18  or reinsurer, upon an estate, lien, or interest in property

19  located in this state unless:

20         1.  The contract shows on its face the dollar amount of

21  the risk assumed; and

22         2.  The dollar amount of the risk assumed does not

23  exceed one-half of its surplus as to policyholders, unless the

24  excess is simultaneously reinsured in one or more approved

25  insurers.

26         (b)  A title insurer may not circumvent the limitations

27  of paragraph (a) by issuing two or more policies upon the same

28  estate, lien, or interest.

29         (c)  This subsection does not prohibit:

30         1.  The simultaneous issuance of policies insuring

31  different estates, liens, or interests in the same property,

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  1  if each of the simultaneous policies excepts the paramount

  2  estates, liens, or interests to which the insured estate,

  3  lien, or interest is subject and if each of the simultaneous

  4  policies conforms to this subsection.

  5         2.  Ceding portions of the total risk to authorized

  6  insurers. Insurance ceded, including coinsurance effected, is

  7  a retention of risk by the insurer assuming the ceded risk,

  8  and not by the insurer ceding the risk.

  9         (2)  Surplus as to policyholders shall be determined

10  from the last annual statement of the insurer filed under s.

11  624.424.

12         627.782  Adoption of rates.--

13         (1)  Subject to the rating provisions of this code, the

14  department must adopt a rule specifying the premium to be

15  charged in this state by title insurers for the respective

16  types of title insurance contracts and, for policies issued

17  through agents or agencies, the percentage of such premium

18  required to be retained by the title insurer which shall not

19  be less than 30 percent. However, in a transaction subject to

20  the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.

21  ss. 2601 et seq., as amended, no portion of the premium

22  attributable to providing a primary title service shall be

23  paid to or retained by any person who does not actually

24  perform or is not liable for the performance of such service.

25  The department may, by rule, establish limitations on related

26  title services charges made in addition to the premium based

27  upon the expenses associated with the services rendered and

28  other relevant factors.

29         (2)  In adopting premium rates, the department must

30  give due consideration to the following:

31

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  1         (a)  The title insurers' loss experience and

  2  prospective loss experience under closing protection letters

  3  and policy liabilities.

  4         (b)  A reasonable margin for underwriting profit and

  5  contingencies, including contingent liability under s.

  6  627.7865, sufficient to allow title insurers, agents, and

  7  agencies to earn a rate of return on their capital that will

  8  attract and retain adequate capital investment in the title

  9  insurance business and maintain an efficient title insurance

10  delivery system.

11         (c)  Past expenses and prospective expenses for

12  administration and handling of risks.

13         (d)  Liability for defalcation.

14         (e)  Other relevant factors.

15         (3)  Rates may be grouped by classification or schedule

16  and may differ as to class of risk assumed.

17         (4)  Rates may not be excessive, inadequate, or

18  unfairly discriminatory.

19         (5)  The premium applies to each $100 of insurance

20  issued to an insured.

21         (6)  The premium rates apply throughout this state.

22         (7)  The department shall, in accordance with the

23  standards provided in subsection (2), review the premium as

24  needed, but not less frequently than once every 3 years, and

25  shall, based upon the review required by this subsection,

26  revise the premium if the results of the review so warrant.

27         (8)  The department may, by rule, require licensees

28  under this part to annually submit statistical information,

29  including loss and expense data, as the department determines

30  to be necessary to analyze premium rates, retention rates, and

31  the condition of the title insurance industry.

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  1         627.783  Rate deviation.--

  2         (1)  A title insurer may petition the department for an

  3  order authorizing a specific deviation from the adopted

  4  premium, and a title insurer or title insurance agent may

  5  petition the department for an order authorizing and

  6  permitting a specific deviation above the reasonable charge

  7  for related title services rendered specified in s.

  8  627.782(1).  The petition shall be in writing and sworn to and

  9  shall set forth allegations of fact upon which the petitioner

10  will rely, including the petitioner's reasons for requesting

11  the deviation.  Any authorized title insurer, agent, or agency

12  may join in the petition for like authority to deviate or may

13  file a separate petition praying for like authority or

14  opposing the deviation. The department shall rule on all such

15  petitions simultaneously.

16         (2)  If, in the judgment of the department, the

17  requested deviation is not justified, the department may enter

18  an order denying the petition.  An order granting a petition

19  constitutes an amendment to the adopted premium as to the

20  petitioners named in the order, and is subject to s. 627.782.

21         627.7831  Commitments; charges; collection.--

22         (1)  When a title insurance commitment to insure a

23  title or risk is issued at the request of the insured or the

24  insured's representative, agent, or agency, a portion of the

25  premium must be charged for the commitment when issued. The

26  portion of the premium charged for the commitment must be

27  credited to the premium due upon issuance of the title

28  insurance policy.

29         (2)  The amount charged under subsection (1) must be

30  collected no later than the date of the closing or 12 months

31  after the date of the commitment, whichever occurs earlier, or

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  1  another date agreed to in writing at the time of issuance of

  2  the commitment.

  3         (3)  This section does not apply to a transaction

  4  involving a residential property.

  5         627.784  Casualty title insurance prohibited.--A title

  6  insurance policy or guarantee of title may not be issued

  7  without regard to the possible existence of adverse matters or

  8  defects of title.

  9         627.7841  Insurance against adverse matters or defects

10  in the title.--If a title insurer issuing a commitment or

11  policy of title insurance upon an estate, lien, or interest in

12  property located in this state through its officers,

13  employees, agents, or agencies disburses settlement or closing

14  funds, the title insurer shall insure against the possible

15  existence of adverse matters or defects in the title which are

16  recorded during the period of time between the effective date

17  of the commitment and the date of recording of the document

18  creating the estate or interest to be insured, except as to

19  matters of which the insured has knowledge.

20         627.7842  Policy exceptions.--

21         (1)(a)  If a survey meeting the minimum technical

22  standards for surveying required by the Department of Business

23  and Professional Regulation and certified to the title insurer

24  by a registered Florida surveyor has been completed on the

25  property within 90 days before the date of closing, the title

26  policy may only except from coverage the encroachments,

27  overlays, boundary line disputes, and other matters which are

28  actually shown on the survey.

29         (b)  If at closing the seller signs an affidavit

30  swearing that there is no person in possession of the property

31  or with a claim of possession to the property except the

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  1  seller, the title policy may not exclude from coverage rights

  2  or claims of parties in possession not shown by the public

  3  records.

  4         (c)  If at closing the seller signs an affidavit

  5  swearing that no improvements have been made to the property

  6  within the past 90 days for which payment has not been made in

  7  full, the title policy may not except from coverage any lien

  8  or right to a lien for services, labor, or material furnished

  9  which is imposed by law and not shown by the public record.

10         (2)  The title insurer, agent, or agency issuing the

11  title policy may except from coverage the items specified in

12  subsection (1) if the title insurer, agent, or agency has

13  knowledge of facts requiring the exceptions, notwithstanding

14  the survey or affidavits, if the insurer, agent, or agency

15  discloses such facts to the proposed insured.

16         627.7843  Ownership and encumbrance reports.--

17         (1)  As used in this section, the term "ownership and

18  encumbrance report" means a report that discloses certain

19  defined documents imparting constructive notice and appearing

20  in the official records relating to specified real property.

21         (2)  An ownership and encumbrance report may not

22  directly or indirectly set forth or imply any opinion,

23  warranty, guarantee, insurance, or other similar assurance as

24  to the status of title to real property.

25         (3)  Any ownership and encumbrance report or similar

26  report that is relied on or intended to be relied on by a

27  consumer must be on forms approved by the department, and must

28  provide for a maximum liability for incorrect information of

29  not more than $1,000.

30         627.7845  Determination of insurability required;

31  preservation of evidence of title search and examination.--

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  1         (1)  A title insurer may not issue a title insurance

  2  commitment, endorsement, or title insurance policy until the

  3  title insurer has caused to be conducted a reasonable search

  4  and examination of the title and of such other information as

  5  may be necessary, and has caused to be made a determination of

  6  insurability of title, including endorsement coverages, in

  7  accordance with sound underwriting practices.

  8         (2)  The title insurer shall cause the evidence of the

  9  reasonable search and examination of the title to be preserved

10  and retained in its files or in the files of its title

11  insurance agent or agency for a period of not less than 7

12  years after the title insurance commitment, title insurance

13  policy, or guarantee of title was issued.  The title insurer

14  or agent or agency must produce the evidence required to be

15  maintained by this subsection at its offices upon the demand

16  of the department. Instead of retaining the original evidence,

17  the title insurer or the title insurance agent or agency may,

18  in the regular course of business, establish a system under

19  which all or part of the evidence is recorded, copied, or

20  reproduced by any photographic, photostatic, microfilm,

21  microcard, miniature photographic, or other process which

22  accurately reproduces or forms a durable medium for

23  reproducing the original.

24         (3)  The title insurer or its agent or agency must

25  maintain a record of the actual risk premium and related title

26  service charges made for issuance of the policy and any

27  endorsements in its files for a period of not less than 7

28  years.  The title insurer, agent, or agency must produce the

29  record at its office upon demand of the department.

30         (4)  This section does not apply to an insurer assuming

31  no primary liability in a contract of reinsurance or to an

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  1  insurer acting as a coinsurer if any other coinsuring insurer

  2  has complied with this section.

  3         627.785  Preemption by state.--The regulation of title

  4  insurers and title insurance is preempted to the state.

  5         627.786  Transaction of title insurance and any other

  6  kind of insurance prohibited.--

  7         (1)  An insurer may not transact title insurance and

  8  any other kind of insurance in this state.

  9         (2)  Subsection (1) does not apply to any insurer

10  actively transacting title insurance and any other kind of

11  insurance in this state on January 1, 1965.

12         (3)  Subsection (1) does not preclude a title insurer

13  from providing instruments to any prospective insured, in the

14  form and content approved by the department, under which the

15  title insurer assumes liability for loss due to the fraud of,

16  dishonesty of, misappropriation of funds by, or failure to

17  comply with written closing instructions by, its contract

18  agents, agencies, or approved attorneys in connection with a

19  real property transaction for which the title insurer is to

20  issue a title insurance policy.

21         627.7865  Title insurer assessments.--As a condition of

22  doing business in this state, each title insurer shall be

23  liable for an assessment to pay all unpaid title insurance

24  claims on real property in this state for any title insurer

25  which is liquidated with unpaid outstanding claims.  The

26  department shall assess all title insurers on a pro rata basis

27  determined by their writings in this state for amounts

28  necessary to pay the claims.  A title insurer is not required

29  to pay an amount in excess of one-tenth of its surplus as to

30  policyholders.

31

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  1         627.791  Penalties against title insurers for

  2  violations by persons or entities not licensed.--A title

  3  insurer is subject to the penalties in ss. 624.418(2) and

  4  624.4211 for any violation of a lawful order or rule of the

  5  department, or for any violation of this code, committed by:

  6         (1)  A person, firm, association, corporation,

  7  cooperative, joint-stock company, or other legal entity not

  8  licensed under this part when issuing and countersigning

  9  commitments or policies of title insurance on behalf of the

10  title insurer.

11         (2)  An attorney when issuing and countersigning

12  commitments or policies of title insurance on behalf of the

13  title insurer.

14         627.792  Liability of title insurers for defalcation by

15  title insurance agents or agencies.--A title insurer is liable

16  for the defalcation, conversion, or misappropriation by a

17  licensed title insurance agent or agency of funds held in

18  trust by the agent or agency pursuant to s. 626.8473.  If the

19  agent or agency is an agent or agency for two or more title

20  insurers, any liability shall be borne by the title insurer

21  upon which a title insurance commitment or policy was issued

22  prior to the illegal act.  If no commitment or policy was

23  issued, each title insurer represented by the agent or agency

24  at the time of the illegal act shares in the liability in the

25  same proportion that the premium remitted to it by the agent

26  or agency during the 1-year period before the illegal act

27  bears to the total premium remitted to all title insurers by

28  the agent or agency during the same time period.

29         627.793  Rulemaking authority.--The department is

30  authorized to adopt rules implementing the provisions of this

31  part.

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  1         627.796  Errors and omissions policy requirements.--A

  2  title insurance policy may not be issued from a search

  3  performed by any person other than a title insurance agent, or

  4  an employee of a title insurer or title insurance agency,

  5  unless that person has in effect an errors and omissions

  6  policy that has minimum coverage limits of $250,000 and a

  7  deductible that does not exceed $10,000.

  8         627.797  Exempt agent list.--

  9         (1)  Every insurer shall file with the department a

10  list containing the name and address of each appointed agent

11  who is exempt from licensure under s. 626.8417(4) and who

12  issues or countersigns binders, commitments, title insurance

13  policies, or guarantees of title.

14         (2)  Each month thereafter, the insurer shall report to

15  the department the name and address of any nonlicensed agent

16  whose appointment is granted or terminated.

17         627.798  Rulemaking authority.--The department shall by

18  rule adopt a form to be used to provide notice to a

19  purchaser-mortgagor that the purchaser-mortgagor is not

20  protected by the title policy of the mortgagee.

21         Section 8.  This act shall take effect July 1, 2002.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Clarifies a prohibition against unlawful rebates as an
26    unfair method of competition and an unfair or deceptive
      act, revises the definition of premium to identify
27    applicable portions of title insurance premium and to
      specify the allowable rebatable portions of the premium,
28    and specifies the allowable rebatable portions of title
      insurance premiums. Reenacts various title insurance
29    provisions. See bill for details.

30

31

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