20-1562. Definitions

In this article, unless the context otherwise requires:

1. " Abstract of title" means a written representation that is provided pursuant to a written or oral contract that is intended to be relied on by the person who has contracted for the receipt of the representation. The abstract of title shall include all recorded conveyances, instruments or documents that impart constructive notice with respect to the chain of title to the real property described in the abstract. An abstract of title is not a title insurance policy.

2. " Applicants for insurance" shall be deemed to include all those, whether or not prospective insureds, who from time to time apply to a title insurer, or to its agent, for title insurance, and who at the time of such application are not agents for such title insurer.

3. " Business of title insurance" shall be deemed to be:

(a) The making as insurer, guarantor or surety, or proposing to make as insurer, guarantor or surety, of any contract or policy of title insurance.

(b) The transacting of, or proposing to transact, any phase of title insurance, including solicitation, negotiation preliminary to execution, execution of a contract of title insurance, insuring and transacting matters subsequent to the execution of the contract and arising out of it, including reinsurance.

(c) The doing of, or proposing to do, any business in substance equivalent to any of the foregoing.

4. " Net retained liability" means the total liability retained by a title insurer under any policy or contract of insurance, or under a single insurance risk as defined in or computed in accordance with paragraph 7, after the purchase of reinsurance.

5. " Preliminary report" , " commitment" or " binder" means a report that is furnished in connection with an application for title insurance and that offers to issue a title insurance policy subject to the stated exceptions set forth in the report or incorporated by reference. The reports are not abstracts of title and the rights, duties and responsibilities relating to the preparation and issuance of an abstract of title do not apply to the issuance of a report. The report is not a representation as to the condition of title to real property but does constitute a statement of the terms and conditions on which the issuer is willing to issue its title insurance policy if the offer is accepted.

6. " Risk premium" for title insurance means that portion of the fee charged by a title insurer, or agent of a title insurer, to an insured or to an applicant for insurance, for the assumption by the title insurer of the risk created by the issuance of the title insurance policy.

7. " Single insurance risk" means the insured amount of any policy or contract of title insurance issued by a title insurer unless two or more policies or contracts are simultaneously issued on different estates in identical real property, in which event, it means the sum of the insured amounts of all such policies or contracts, except that any such policy or contract that insures a mortgage interest or a vendor's interest that is excepted in a fee or leasehold policy or contract, and which does not exceed the insured amount of such fee or leasehold policy or contract, shall be excluded in computing the amount of a single insurance risk.

8. " Title insurance" means insuring, guaranteeing or indemnifying owners of real property or others interested therein against loss or damage suffered by reason of liens, encumbrances upon, defects in or the unmarketability of the title to such property, guaranteeing, warranting or otherwise insuring the correctness of searches relating to the title to real property, or doing any business in substance equivalent to any of the foregoing.

9. " Title insurance agent" means a domestic or foreign stock corporation or limited liability company authorized in writing by a title insurer to solicit insurance and collect premiums and to issue or countersign policies in its behalf, except that the term " title insurance agent" shall not include officers or salaried employees of any title insurer authorized to do a title insurance business within this state.

10. " Title insurance plant" means a set of records in which an entry has been made of all documents or matters which under the law impart constructive notice of matters affecting title to real property or any interest therein or encumbrance thereon and which have been filed or recorded in the county for which such title plant is maintained for a period of not less than the immediately preceding twenty years. In order to constitute a title insurance plant such records shall include:

(a) An index or indices in which notations of or references to any such documents that describe the property affected thereby are posted, entered or otherwise included, according to the property described therein, or copies or briefs of all such documents that describe the property affected thereby which are sorted and filed according to the property described therein.

(b) An index or indices in which all other such documents are posted, entered or otherwise included, according to the name or names of the parties whose title to real property or any interest therein or encumbrance thereon is affected.

11. " Title insurance policy" means a written instrument or contract by means of which title insurance liability is accepted.

12. " Title insurer" means any domestic company organized under the provisions of this title for the purpose of insuring titles to real property, any title insurance company organized under the laws of another state and licensed to insure titles to real estate within this state pursuant to the provisions of this article, and any domestic or foreign company having the power and authorized to insure titles to real estate within this state as of January 1, 1968 which meet the requirements of this article.