2014 -- S 2816 | |
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LC004222 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
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A N A C T | |
RELATING TO INSURANCE - RHODE ISLAND TITLE INSURANCE ACT | |
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Introduced By: Senators Cote, and Picard | |
Date Introduced: March 25, 2014 | |
Referred To: Senate Judiciary | |
(Business Regulation) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 27-2.6-13 of the General Laws in Chapter 27-2.6 entitled "Rhode |
2 | Island Title Insurers Act" is hereby amended to read as follows: |
3 | 27-2.6-13. Duties of title insurers utilizing the services of title insurance agents. -- (a) |
4 | The title insurer shall not accept business from a title insurance agent unless there is in force a |
5 | written contract between the parties which that sets forth the responsibilities of each party and, |
6 | where both parties share responsibility for a particular function, specifies the division of |
7 | responsibilities. |
8 | (b) The title insurer shall, on at least a biennial basis, conduct an on-site review of the |
9 | underwriting, claims, and escrow practices of the agent which that shall include a review of the |
10 | agent's policy blank inventory and processing operations. |
11 | (1) If the title insurance producer is also an attorney, and asserts that any documents |
12 | requested in connection with the review provided in subsection (b) are prohibited from disclosure |
13 | by an ethical requirement, the producer shall identify in writing the particular document, the |
14 | applicable privilege, and provide a redacted copy to the title insurer. |
15 | (c) A domestic title insurer shall not appoint to its board of directors an officer, director, |
16 | employee, or controlling shareholder or any title insurance agent who wrote one percent (1%) or |
17 | more of the title insurer's direct premiums written during the previous calendar year as shown on |
18 | the tile insurer's most recent annual statement on file with the commissioner. This subsection |
19 | shall not apply to relationships governed by section ยง27-35-1 et seq. |
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1 | (d) The title insurer shall maintain an inventory of all policy forms or policy numbers |
2 | allocated to each title insurance agent. |
3 | (e) The title insurer shall have on file proof that the title insurance agent is licensed by |
4 | this state. |
5 | (f) The title insurer shall establish the underwriting guidelines and, where applicable, |
6 | limitations on title claims settlement authority to be incorporated into contracts with its title |
7 | insurance agents. |
8 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE - RHODE ISLAND TITLE INSURANCE ACT | |
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1 | This act would provide that a title producer who is also an attorney may identify and |
2 | redact any documents containing privileged materials that are requested by a title insurer in an |
3 | audit. |
4 | This act would take effect upon passage. |
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