§ 27-2.6-10. Liquidation, dissolution or insolvency.
(a) Chapter 14.3 of this title shall apply to all title insurers subject to the Title Insurance Act, except as otherwise provided in this section. In applying the provisions of chapter 14.3 of this title, 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.
(b) Security and escrow funds held by or on behalf of the title insurer shall not become general assets and shall be administered as secured creditor claims defined in chapter 14.3 of this title.
(c) Title insurance policies that are in force at the time an order of liquidation is entered shall not be canceled 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.
(d) 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.
(e) 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 agents, insureds or representatives of the title insurer to pay fully earned premium to the liquidator or rehabilitator.
History of Section.P.L. 2010, ch. 58, § 1; P.L. 2010, ch. 66, § 1.
Structure Rhode Island General Laws
Chapter 27-2.6 - Rhode Island Title Insurers Act
Section 27-2.6-1. - Title and purpose.
Section 27-2.6-2. - Application of act and construction with other laws.
Section 27-2.6-3. - Definitions.
Section 27-2.6-4. - Corporate form required.
Section 27-2.6-5. - Authorized activities of title insurers.
Section 27-2.6-6. - Limitations on powers.
Section 27-2.6-7. - Minimum capital and surplus requirements.
Section 27-2.6-8. - Admitted asset standards.
Section 27-2.6-10. - Liquidation, dissolution or insolvency.
Section 27-2.6-11. - Diversification requirement.
Section 27-2.6-12. - Policyholder treatment.
Section 27-2.6-13. - Duties of title insurers utilizing the services of title insurance agents.
Section 27-2.6-14. - Prohibition of rebate and fee splitting.
Section 27-2.6-15. - Favored agent of title insurer.
Section 27-2.6-16. - Premium rate filings and standards.
Section 27-2.6-17. - Form filing.
Section 27-2.6-18. - Filing by rating bureaus.
Section 27-2.6-19. - Penalties and liabilities.
Section 27-2.6-20. - Violations of the Real Estate Settlement Procedures Act (RESPA).