Sec. 2. As used in this chapter and unless a different meaning appears from the context:
(a) The term "title insurance" means a contract of insurance against loss or damage on account of encumbrances upon or defects in the title to real estate.
(b) The term "closing protection letter" means a written indemnification of or undertaking to a party to a real estate transaction by a principal that specifies the extent to which the principal is responsible for intentional or unintentional misconduct or errors of an agent of the principal in connection with the closing of the real estate transaction.
(c) The term "company" shall mean and include any corporation, domestic or foreign, to which this chapter is applicable.
(d) The term "department" shall mean the department of insurance of the state of Indiana.
(e) The term "commissioner" shall mean the insurance commissioner.
(f) The term "public record" has the meaning set forth in IC 5-14-3-2.
(g) The term "title policy" means a policy issued by a company that:
(1) is authorized to do business as a title insurance company under section 3 of this chapter; and
(2) insures or indemnifies persons with an interest in real property against loss or damage caused by a lien on, an encumbrance on, a defect in, or the unmarketability of the title to the real property.
(h) The term "title search" means a search and examination of the public records sufficient to determine:
(1) ownership of;
(2) encumbrances on;
(3) liens on; and
(4) defects in the title to;
the real estate that is the subject of the search.
Formerly: Acts 1937, c.104, s.2. As amended by P.L.252-1985, SEC.248; P.L.68-2002, SEC.1; P.L.80-2013, SEC.3.
Structure Indiana Code
Article 7. Special Types of Insurance
Chapter 3. Abstract and Title Insurance
27-7-3-3.5. Requirements Applicable to Issuers of Title Insurance
27-7-3-4. Corporate Rights; Powers and Privileges
27-7-3-6. Certificate of Authority; Requirements; Issuance; Necessity to Do Business
27-7-3-7. Deposits; Title Insurance Fund
27-7-3-8. Additional Deposit to Meet Requirements of Another State; Withdrawal
27-7-3-9. Title Insurance Reserve Fund
27-7-3-10. Deficiency in Title Insurance Reserve Fund
27-7-3-11. Interest on Deposited Securities
27-7-3-13. Examination of Company; Appointment of Examiners; Report of Examination
27-7-3-14. Annual Financial Statement; Effect of Certification by Certified Public Accountant
27-7-3-15. Collection of Charges, Fees, and Taxes; Disposition
27-7-3-18. Exemptions From Chapter
27-7-3-19. Construction of Chapter
27-7-3-20. Limitation on Risks