Section 416-A:1 – Short Title.

    416-A:1 Short Title. – This chapter shall be known and may be cited as "The Title Insurance Code". Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:10 – Amount of Unearned Premium Reserve, Release.

    416-A:10 Amount of Unearned Premium Reserve, Release. – I. The unearned premium reserve of every title insurance company required to maintain such reserves in this state shall consist of: (a) The amount of the unearned premium reserve held as of September 10, 1971, pursuant to law; and (b) The amount of all additions required […]

Section 416-A:11 – Reserve for Unpaid Losses and Loss Expense.

    416-A:11 Reserve for Unpaid Losses and Loss Expense. – I. Each title insurance company, in addition to other reserves, shall at all times establish and maintain reserves against unpaid losses, and against loss expense, and shall calculate such reserves by making a careful estimate in each case of the loss and loss expense likely […]

Section 416-A:12 – Net Retained Liability.

    416-A:12 Net Retained Liability. – The net retained liability of any title insurance company under any single insurance risk as defined in RSA 416-A:2, IX and X, shall not exceed 50 percent of the net amount remaining after deducting from the sum of its capital, surplus, unearned premium reserve, and voluntary reserves, the value, […]

Section 416-A:13 – Power to Reinsure.

    416-A:13 Power to Reinsure. – Any title insurance company may cede reinsurance of all or any part of its liability under one or more of its policies, contracts, or reinsurance agreements of title insurance to any reinsurer which meets or exceeds the financial requirements of a title insurance company to do business in this […]

Section 416-A:14 – Legal Investments.

    416-A:14 Legal Investments. – Title insurance companies shall comply with the investment requirements for other insurance companies, under the laws of this state, but, in addition, may invest in a title plant. Such title plant shall be considered an asset at the fair value thereof. In determining the fair value of a title plant, […]

Section 416-A:15 – Title Insurance Agent’s License.

    416-A:15 Title Insurance Agent’s License. – I. Title insurance agents shall be licensed in the manner provided for agents of insurance companies by RSA 402-J, except as provided in subparagraphs (a) and (b). (a) Nothing in this chapter shall be construed to require the licensing of an attorney at law in good standing and […]

Section 416-A:16 – Title Insurance Agents; Certain Names Prohibited.

    416-A:16 Title Insurance Agents; Certain Names Prohibited. – No agent for a title insurance company shall adopt a firm name containing the words "title insurance", "title guaranty", or "title guarantee", unless such words are followed by the words "agent" or "agency". The words "agent" or "agency" must be in the same size and type […]

Section 416-A:17 – Rates and Rating Organizations.

    416-A:17 Rates and Rating Organizations. – I. Title insurance rates and rating organizations should be regulated in the manner provided by RSA 412:13 through RSA 412:16, and RSA 412:20 through RSA 412:25, except as otherwise provided in this section. II. Every title insurance company shall file with the commissioner its schedule of fees or […]

Section 416-A:17-a – Filing of Forms.

    416-A:17-a Filing of Forms. – Every insurer and advisory organization shall file policy forms, endorsements, and other contract language covered by this chapter within 30 days of the effective date. Source. 2004, 156:7. 2005, 248:8, eff. Sept. 12, 2005.

Section 416-A:18 – Laws Applicable.

    416-A:18 Laws Applicable. – I. In addition to the provisions of RSA 416-A, the laws governing insurance companies, except as they are inconsistent with the provisions of RSA 416-A shall apply to the business of title insurance and to title insurance companies. II. The provisions of RSA 400-A:32 shall be applicable to title insurers. […]

Section 416-A:19 – Fees.

    416-A:19 Fees. – The commissioner of insurance shall collect whatever fees he may establish by rule or regulation, provided however, said fees bear a reasonable relationship to the cost of administering the provisions of this chapter. Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:2 – Definitions.

    416-A:2 Definitions. – As used in this chapter, unless the context otherwise requires: I. "Title insurance" means insuring, guaranteeing, or indemnifying owners of real property or others interested therein against loss or damage suffered by reason of liens, encumbrances upon, defects in, or the unmarketability of the title to said property. II. The "business […]

Section 416-A:20 – Examination, Exception.

    416-A:20 Examination, Exception. – The commissioner shall waive the requirement of such examination in the following cases: I. Nonresident applicants who are licensed as title insurance agents in the states in which they reside, or if no license is required in said states, then nonresident applicants who have engaged in the business of title […]

Section 416-A:21 – Rules and Regulations.

    416-A:21 Rules and Regulations. – The commissioner may make reasonable rules and regulations necessary to effect the purposes of this chapter. Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:22 – Applicability.

    416-A:22 Applicability. – The provisions of this chapter shall apply to all title insurance companies, title insurance rating organizations, title insurance agents, applicants for title insurance, policyholders, and to all persons and business entities deemed to be engaged in the business of title insurance. Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:3 – Compliance Required.

    416-A:3 Compliance Required. – No company shall underwrite or issue a policy of title insurance or otherwise engage in the business of title insurance in this state unless authorized by the provisions of RSA 416-A to transact such a business. Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:4 – Corporate Form Required.

    416-A:4 Corporate Form Required. – Any domestic title insurance company hereafter formed shall be organized as a stock corporation. Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:5 – Financial Requirements.

    416-A:5 Financial Requirements. – Every title insurance company shall have a minimum capital, which shall be paid in and maintained, of not less than $200,000 and, in addition, paid-in surplus of at least $100,000. Source. 1971, 561:1, eff. Sept. 10, 1971.

Section 416-A:6 – Determination of Insurability Required.

    416-A:6 Determination of Insurability Required. – No policy or contract of title insurance shall be written unless and until the title insurance company 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 […]