§431:20-113  Underwriting standards and record retention.  (a)  No title insurance policy may be written unless and until the title insurer has caused to be conducted a reasonable search and examination of the title, and has caused to be made a determination of insurability of title in accordance with sound underwriting practices.  Evidence of the examination of title and determination of insurability shall be preserved and retained in the files of the title insurer for a period of not less than fifteen years after the title insurance policy has been issued.  Instead of retaining the original evidence, the title insurer may, in the regular course of business, establish a system whereby all or part of the evidence is recorded, copied or reproduced by any process that accurately and legibly reproduces or forms a durable medium for reproducing the contents of the original.  This subsection shall not apply to:

     (1)  A title insurer assuming liability through a contract of reinsurance; or

     (2)  A title insurer acting as co-insurer if one of the other co-insuring title insurers has complied with this section.

     (b)  Except as allowed by regulations promulgated by the commissioner, no title insurer shall knowingly issue any title insurance policy or commitment to insure without showing all outstanding, enforceable recorded liens or other interests against the property title to which is to be insured. [L 1987, c 347, pt of §2]


Case Notes


  Section mandates that title policies be issued based on title search results, not on indemnification of title insurer.  74 H. 85, 839 P.2d 10 (1992).