Missouri Revised Statutes
Chapter 381 - Title Insurance Law
Section 381.075 - Additional insurance laws applicable to title insurers, insurer's supervision, rehabilitation and liquidation act, exceptions — liquidation or insolvency, treatment of security and escrow funds, filing of claims, cancellation of pol...

Effective - 01 Jan 2008
381.075. Additional insurance laws applicable to title insurers, insurer's supervision, rehabilitation and liquidation act, exceptions — liquidation or insolvency, treatment of security and escrow funds, filing of claims, cancellation of policies, payment of fully earned premiums. — 1. Sections 375.570 to 375.750 and sections 375.1150 to 375.1246 shall apply to all title insurers subject to this chapter, except as otherwise provided in this section. In applying such sections, the court shall consider the unique aspects of title insurance and shall have broad authority to fashion relief that provides for the maximum protection of the title insurance policyholders.
2. Security and escrow funds held by or on behalf of the title insurer shall not become general assets and shall be administered as secured claims as defined in section 375.1152.
3. Title insurance policies that are in force at the time an order of liquidation is entered shall not be cancelled except upon a showing to the court of good cause by the liquidator. The determination of good cause shall be within the discretion of the court. In making this determination, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
4. The court may set appropriate dates that potential claimants must file their claims with the liquidator. The court may set different dates for claims based upon the title insurance policy than for all other claims. In setting dates, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
5. As of the date of the order of insolvency or liquidation, all premiums paid, due or to become due under policies of the title insurers shall be fully earned. It shall be the obligation of title agencies, title agents, insureds, or representatives of the title insurer to pay fully earned premium to the liquidator or rehabilitator.
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(L. 2000 S.B. 894, A.L. 2007 S.B. 66)
Effective 1-01-08

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIV - Business and Financial Institutions

Chapter 381 - Title Insurance Law

Section 381.011 - Citation of law — purpose statement.

Section 381.015 - Title insurance commitment, required statement, when — lender's insurance policy without owner's title insurance, notice given when, contents, retention — penalty for violation.

Section 381.018 - Written contract with title insurer required for commitment or policy issuance, statement of financial condition when, contents, review and notification requirements, inventory, proof of licensure, penalty for violation.

Section 381.019 - Required disclosures.

Section 381.022 - Title insurer, agency or agent not affiliated with a title agency may operate as an escrow, security, settlement or closing agent, when, penalty for violations.

Section 381.023 - Underwriting claims and escrow practices, review of, required when — standards for review.

Section 381.024 - Denial of access and failure to cooperate prohibited, penalty.

Section 381.025 - Consideration for referrals, when, penalty.

Section 381.026 - Recording of deeds and security instruments.

Section 381.029 - Affiliated business — definitions — requirements — rules — violations.

Section 381.038 - Retention of records required, limitation, penalty for violation.

Section 381.042 - Rules, authority, procedure.

Section 381.045 - Violations, penalties.

Section 381.048 - Court actions authorized, when.

Section 381.052 - Persons authorized to conduct title insurance business.

Section 381.055 - Powers of title insurer.

Section 381.058 - License required for insurer to transact business of title insurance, exclusive to other types of insurance business, limitations — closing or settlement protection authorized.

Section 381.062 - Establishment and maintenance of minimum paid-in capital and paid-in initial surplus necessary for insurance business license.

Section 381.065 - Net retained liability limits, maximum amount — reinsurance allowed — waiver by director of risk, when.

Section 381.068 - Investment in title plant, amount restricted, considered asset.

Section 381.071 - Insurer's duties, policies — examination of title, determination of insurability — showing of liens against title — records kept, duration — exceptions to requirements.

Section 381.072 - Reserve requirements, reserve to cover all known claims — unearned premium reserve, amount, actuarial certification required, supplemental reserve, amount, deadline.

Section 381.075 - Additional insurance laws applicable to title insurers, insurer's supervision, rehabilitation and liquidation act, exceptions — liquidation or insolvency, treatment of security and escrow funds, filing of claims, cancellation of pol...

Section 381.085 - Forms, director to approve before use — contents concerning coverage of policy, when included — disapproval by director, procedure.

Section 381.112 - Premium tax, premium income defined.

Section 381.115 - Licensing required for title agencies and title agents, exceptions — delegation of title searches to third party, rules — violations, penalty.

Section 381.118 - Examination required — education requirements, exemptions — approved courses and programs — teaching credit — credits may be carried forward — extensions and waivers — certification to director of completion — nonresidents — rules —...

Section 381.122 - Director authorized to inspect books and records.

Section 381.161 - Contract of title insurance through specific agent, agency, or insurer prohibited.

Section 381.400 - Definitions.

Section 381.403 - Title insurance companies and agents may enter into construction escrow agreements and issue insured closing letters.

Section 381.405 - Construction and guaranty agreements not authorized for title insurance companies — title insurance against mechanic liens and insured closing letters, authorized.

Section 381.410 - Definitions.

Section 381.412 - Settlement agents, accepting funds, exemption — title insurer, deposit of funds — violation, fine.