(a) As used in this section, “Indian land claim” means a claim for real property or monetary damages based on an alleged illegal transfer, use or occupation of such real property and which claim is based on a violation of any condition or restriction established by common law, statute or other governmental enactment on alienation of lands owned by Indians or Indian tribes.
(b) The Insurance Commissioner shall adopt regulations in accordance with chapter 54 on or before February 1, 1994, setting forth guidelines to maximize the availability of title insurance coverage with respect to real property that is the subject of an Indian land claim. Each title insurer, as defined in subdivision (16) of section 38a-402, shall provide coverage in accordance with said guidelines. The factors the commissioner shall consider in adopting such regulations shall include, but not be limited to: (1) The title insurance coverage offered by title insurers for real property that is the subject of an Indian land claim; (2) whether the real property has been identified as being the subject of an Indian land claim in a notice of intent to sue or in an Indian land claim lawsuit or whether the owner of the real property has been named and served as a defendant in an Indian land claim lawsuit; (3) the legal basis of the Indian land claim; (4) whether the real property is the subject of an owner's or mortgagee's title insurance policy; and (5) whether the real property is vacant, residential or commercial.
(Oct. Sp. Sess. P.A. 93-3, S. 1, 2.)
History: Oct. Sp. Sess. P.A. 93-3 effective November 12, 1993.
Structure Connecticut General Statutes
Chapter 700a - Title Insurance
Section 38a-400. - Short title: Connecticut Title Insurance Act. Purpose.
Section 38a-401. - Application of act and construction with other laws.
Section 38a-402. - Definitions.
Section 38a-403. - Title insurers' authorized activities.
Section 38a-404. - Limitations on powers.
Section 38a-405. - Capital and surplus requirements.
Section 38a-406. - Single risk limitation.
Section 38a-407. - Underwriting standards and record retention.
Section 38a-408. - Unearned premium reserve.
Section 38a-409. - Use of reserve on liquidation, dissolution or insolvency.
Section 38a-410. - Loss and loss expense reserve.
Section 38a-411. - Reinsurance.
Section 38a-412. - Investments.
Section 38a-413. - Title agent licensing, exemptions.
Section 38a-414. - Prohibition on rebates and inducements.
Section 38a-415. - Division of premiums and charges.
Section 38a-416. - Disclosure of financial interest.
Section 38a-417. - Favored title agent or insurer.
Section 38a-418. - Premium rate standards.
Section 38a-419. - Premium rate schedules.
Section 38a-420. - Publication of schedules of premiums and charges.
Section 38a-421. - Form filing.
Section 38a-422. - Form standards.
Section 38a-423. - Notice of issuance of mortgage policy.