Section 21.66.170. Determination of insurability required.

   (a) A policy or contract of title insurance may not be written until the title insurance company has, through a licensed title insurance limited producer, conducted a reasonable search and examination of the title and the company has made a determination of insurability of title in accordance with its established underwriting practices. Evidence of the determination shall be preserved and retained in the files of the title insurance company or its agent for a period of not less than 15 years after the policy or contract of title insurance has been issued. In lieu of retaining the original evidence, the title insurance company or the title insurance limited producer, may, in the regular course of business, establish a system by which all or part of these writings are recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process that accurately reproduces or forms a durable medium for reproducing the original.
   (b) This section does not apply to
        (1) a company assuming no primary liability in a contract of reinsurance; or
        (2) a company acting as a co-insurer if one of the other co-insuring companies has complied with this section.

Notes

History

(Sec. 6 ch 120 SLA 1974; am Sec. 160 ch 67 SLA 1992; am Sec. 1 ch 39 SLA 2012)