20-1567. Determination of insurability required

228 words·~1 min read·/az/title-20/20-1567

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. No policy or contract of title insurance shall be written on any risk located in this state except by a title insurer authorized to do business in this state, nor unless and until the title insurer has caused to be conducted a reasonable examination of the title and has caused to be made a determination of insurability of title in accordance with sound underwriting practices for title insurers.

B. No title insurer shall write title insurance in, nor issue any title insurance policy with respect to risks located in, any county of this state with a population, as shown by the latest decennial census, in excess of one hundred thousand persons, unless the title insurer or its agent in that county maintains a title insurance plant covering title records of such county, or unless the insurer issues its policy based on a policy issued to it by another title insurance company, or its agent, who meets the requirements of this section provided, however, that for the purposes of this subsection a title insurer or title insurance agent shall be deemed to maintain a title insurance plant if it is a lessee thereof or joint owner or has a beneficial interest in such a plant.

C. This section shall not apply to a reinsurer or an excess coinsurer, provided the originating insurer complies with subsections A and B.