(a) Each individual transaction which is in violation of this chapter or which does not otherwise conform to the requirements of this chapter shall be considered a violation.
(b) This chapter shall be enforceable only by the commissioner and does not create any private cause of action or other private legal recourse.
(c) The commissioner may, in his or her discretion and upon good cause shown, revoke the certificate of authority of a title agent, revoke the license issued to a title insurer, or impose a fine in an amount not to exceed five hundred dollars ($500) for each violation of this chapter or of any rule or regulation promulgated under this chapter. No title insurer shall pay, directly or indirectly, any portion of a fine imposed on any agent of the title insurer. In addition, the commissioner may impose a fine in an amount not to exceed five thousand dollars ($5,000) per violation upon a finding that an agent or an insurer willfully or intentionally deviated from the filed rates for that insurer. Any fine collected by the commissioner shall be deposited into the State General Fund.
(d) If, from any examination of a title insurer, the commissioner finds that a title insurer is violating any of the provisions of Section 34-3-7, the commissioner shall so certify his or her findings in writing to the Attorney General, and the Attorney General shall forthwith bring an action in a court of competent jurisdiction in the State of Alabama to permanently enjoin the commission of such acts by the title insurer. If the title insurer violates any of the provisions of such an injunction, the Attorney General shall forthwith bring an action in such a court to revoke the corporate charter of the title insurer, if a domestic entity, or the license to conduct business in this state of the title insurer, if a foreign or alien entity.
Structure Code of Alabama
Section 27-25-1 - Enjoining of Certain Acts; Revocation of Charter for Violating Same.
Section 27-25-1.1 - Short Title.
Section 27-25-2 - Applicability of Chapter.
Section 27-25-3 - Definitions.
Section 27-25-4 - Title Insurance Agent; Appointment; Issuance of Policies.
Section 27-25-4.1 - Title Agent Qualifications.
Section 27-25-4.2 - License; License Renewal; Name or Address Change.
Section 27-25-4.3 - Prelicensing Course and Examination.
Section 27-25-4.4 - Continuing Education.
Section 27-25-4.5 - License Denial, Non-Renewal, or Revocation.
Section 27-25-4.6 - Fingerprints.
Section 27-25-4.8 - Implementation.
Section 27-25-5 - Duties of Title Insurer, Etc.
Section 27-25-6 - Companies to File Rates.
Section 27-25-7 - Notice of Availability of Owner's Title Insurance.
Section 27-25-8 - Rules and Regulations.
Section 27-25-9 - Violations; Enforcement of Chapter; Penalties.