Effective: April 6, 2007
Latest Legislation: House Bill 454 - 126th General Assembly
(A) At the time an order is placed with a title insurance company for issuance of a title insurance policy, the title insurance company or the title insurance agent shall offer closing or settlement protection to the lender, borrower, and seller of the property, and to any applicant for title insurance.
(B) The closing or settlement protection offered pursuant to this section shall indemnify any lender, borrower, seller, and applicant that has requested the protection, both individually and collectively, against the loss of settlement funds resulting from any of the following acts of the title insurance company's named title insurance agent or anyone acting on the agent's behalf:
(1) Theft, misappropriation, fraud, or any other failure to properly disburse settlement, closing, or escrow funds;
(2) Failure to comply with any applicable written closing instructions, when agreed to by the title insurance agent.
(C) The issuance of closing or settlement protection by a title insurance company pursuant to division (A) of this section is part of the business of title insurance for purposes of Chapter 3953. of the Revised Code.
(D) Except as provided in division (A) of this section, a title insurance company shall not offer or issue any coverage purporting to indemnify against a person's improper acts or omissions in connection with escrow, settlement, or closing services.
(E) The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code as the superintendent considers necessary to carry out the purposes of this section, including, but not limited to, rules that detail the specific language that must be included in the written document offering closing or settlement protection as provided for in division (A) of this section.
Structure Ohio Revised Code
Chapter 3953 | Title Insurance
Section 3953.01 | Title Insurance Definitions.
Section 3953.02 | Application of Chapter.
Section 3953.03 | Only Title Insurance Company to Engage in Title Insurance Business.
Section 3953.04 | Title Insurance Company to Be Organized as Stock Corporation.
Section 3953.05 | Minimum Capital and Surplus.
Section 3953.06 | Depositing Securities.
Section 3953.07 | Sound Underwriting Practices.
Section 3953.08 | Permitted Services.
Section 3953.09 | Prohibited Services.
Section 3953.10 | Title Insurance Company to Engage in Title Insurance Only.
Section 3953.11 | Unearned Premium Reserve.
Section 3953.12 | Other Reserves.
Section 3953.13 | Reinsurance.
Section 3953.14 | Investments.
Section 3953.15 | Investment of Unearned Premium Reserve.
Section 3953.16 | Investment of Trust Funds or Assets Held in Fiduciary Capacity.
Section 3953.17 | Foreign Title Insurance Company - License.
Section 3953.18 | Prohibition Against Policies Covering Real Property - Exceptions.
Section 3953.19 | Merger and Consolidation.
Section 3953.20 | Prior Approval Required for Acquisition of Other Title Insurance Company.
Section 3953.21 | Certification of Title Insurance Agents.
Section 3953.22 | Licensing Title Insurance Agents.
Section 3953.23 | Maintaining Books of Account and Record and Vouchers.
Section 3953.24 | Firm Name of Agent.
Section 3953.25 | Commission Payments.
Section 3953.26 | Payments for Inducement of Business.
Section 3953.27 | Division of Fees and Charges.
Section 3953.28 | Prior Approval Required for Forms and Contracts.
Section 3953.29 | Prohibiting Restrictive Covenants Constituting Unlawful Discriminatory Practice.
Section 3953.30 | Notice Comparing Lender's and Owner's Title Insurance.
Section 3953.32 | Offer of Closing or Settlement Protection to Parties.
Section 3953.33 | Annual Independent Review of Agency Accounts.
Section 3953.331 | Joint Venture Title Insurance Agencies Annual Review.
Section 3953.35 | Prohibited Conduct Regarding Loans of $75,000 or Less.
Section 3953.36 | Dissolution or Termination of a Joint Venture Title Insurance Agency.