AB 2198: Title insurance.

Existing law requires a title insurer, underwritten title company, or controlled escrow company to file with the Insurance Commissioner its schedules of rates, all regularly issued forms of title policies to which those rates apply, and every modification to those forms and title policies that it proposes to use in this state. Existing law requires the filings to include the effective date and the character and extent of coverages and services contemplated. Existing law prohibits a title insurer, underwritten title company, or controlled escrow company from using a rate prior to the effective date or prior to having the filing publicly displayed for less than 30 days in the office of the company in the county to where the rate applies. Existing law requires the schedule of rates to be printed or typed in type not smaller than 10 point, and requires that full copies are kept at all times available to the public and prominently displayed in a public place in every office of a title insurer, an underwritten title company, and a controlled escrow company in the county where the rates apply.

This bill would require only a title insurer to file with the commissioner its schedules of rates, all regularly issued forms of title policies to which those rates apply, and every modification to those forms and title policies that it proposes to use in this state. The bill would require a title insurer to also file its schedule of escrow rates if the title insurer conducts escrow services. The bill would additionally modify the documents controlled escrow companies and underwritten title companies are required to file. The bill would authorize the commissioner to object to a new or modified rate and prohibit that rate from becoming effective unless the commissioner’s objection is resolved.

The bill would remove the requirement that the schedule of rates be printed and modify the requirement that they be publicly available by instead requiring the schedule of rates to be made publicly available by means of a clear and conspicuous link posted on the internet website of the title insurer, underwritten title company, or controlled escrow company that has filed the rate schedule, for so long as those rates remain effective. The bill would additionally require an underwritten title company to maintain a complete copy of each title insurer’s rate schedule that the underwritten title company has used for issuing title policies for a minimum of 7 years. The bill would require a notice to be posted in the applicable office that a specified rate schedule would be readily accessible for public viewing in the office of a title insurer, underwritten title company, or controlled escrow company, upon request and as specified.