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Title 39 | Insurance
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Section 3953.14 | Investments.

... (A) Except as provided in Chapter 3953. of the Revised Code the investments of a title insurance company shall be governed by sections 3925.05 to 3925.21 of the Revised Code. (B) Provided it shall at all times keep at least one hundred thousand dollars invested in the classes of securities authorized for the investment of capital other than title plant and real estate as provided in division (C) of this section, a...

Section 3953.15 | Investment of unearned premium reserve.

... (A) Except as provided in division (B) of this section, the unearned premium reserve of a title insurance company shall be invested in accordance with sections 3925.05 to 3925.08, inclusive, of the Revised Code. (B) A title insurance company may seek permission from the superintendent of insurance to invest funds under Chapter 3906. of the Revised Code and may invest funds under that chapter if such permissi...

Section 3953.16 | Investment of trust funds or assets held in fiduciary capacity.

...For those title insurance companies which also have powers to do a trust business, trust funds or assets held in a fiduciary capacity shall be invested in accordance with the statutes of this state governing trust companies.

Section 3953.17 | Foreign title insurance company - license.

...Any title insurance company organized under the laws of another state or foreign government shall be licensed to transact a title insurance business within this state only if such company is and remains of the same standard of solvency and complies with other requirements fixed by the laws of this state for title insurance companies organized and authorized to transact the business of title insurance pursuant to the ...

Section 3953.18 | Prohibition against policies covering real property - exceptions.

...No title insurance company not incorporated or organized under the laws of this state, but authorized to transact business herein, shall make, write, place, or cause to be made, written, or placed any policy or contract of insurance covering real property in this state, except; (A) Through a title insurance agent as defined in Chapter 3905. of the Revised Code; (B) Through a subsidiary title insurance company; (C)...

Section 3953.19 | Merger and consolidation.

...(A) A title insurance company organized and incorporated under the laws of this state may merge, be merged by, or consolidated with, one or more title insurance companies whether or not so incorporated, by complying with Chapter 1701. of the Revised Code, but subject to the following: (1) No such merger or consolidation shall be effectuated unless in advance thereof, the plan and agreement therefor have been filed w...

Section 3953.20 | Prior approval required for acquisition of other title insurance company.

...(A) A title insurance company organized and incorporated under the laws of this state may issue stock in exchange for all or any part of the assets or stock of a domestic or foreign title insurance company if, in advance thereof, a plan or agreement of acquisition has been filed with the superintendent of insurance. The superintendent shall examine the terms and conditions of such plan or agreement of acquisition, an...

Section 3953.21 | Certification of title insurance agents.

...(A) Every title insurance company authorized to transact business within this state shall certify annually to the superintendent of insurance the names of all title insurance agents representing it in this state in accordance with section 3905.20 of the Revised Code. (B) No bank, trust company, bank and trust company, or other lending institution, mortgage service, brokerage, mortgage guaranty company, escrow compa...

Section 3953.22 | Licensing title insurance agents.

...(A) Title insurance agents shall be licensed in the manner provided for agents of insurance companies in Chapter 3905. of the Revised Code. (B) A title insurance agent shall not be required to take an examination for such license if application for the original issuance of his license was filed with the superintendent of insurance on or before June 12, 1968.

Section 3953.23 | Maintaining books of account and record and vouchers.

...(A) Every title insurance agent shall keep books of account and record and vouchers pertaining to the business of title insurance in such manner that the title insurance company may readily ascertain from time to time whether the agent has complied with this chapter. (B) A title insurance agent may engage in the business of handling escrows of real property transactions provided that the agent shall maintain a sep...

Section 3953.231 | Establishing and maintaining interest-bearing trust account for deposit of non-directed escrow funds.

...(A)(1) Each title insurance agent or title insurance company shall establish and maintain an interest-bearing trust account for the deposit of all non-directed escrow funds that meet the requirements of sections 1349.20 to 1349.22 of the Revised Code. (2) The account shall be established and maintained in any federally insured bank, savings and loan association, credit union, or savings bank that is authorized to t...

Section 3953.24 | Firm name of agent.

...After December 12, 1967, no agent for a title insurance company shall adopt a firm name containing the words, "title insurance," "title guaranty," or "title guarantee."

Section 3953.25 | Commission payments.

...A title insurance company may pay a commission only to a title insurance agent as defined in division (H) of section 3953.01 of the Revised Code.

Section 3953.26 | Payments for inducement of business.

...No title insurance company and no title insurance agent shall pay or give any applicant for insurance, or to any person, firm, or corporation who is acting as agent, representative, attorney, or employee of the owner, lessee, mortgagee, or of the prospective owner, lessee, or mortgagee of the real property or any interest therein, either directly or indirectly, any commission or any part of its fees or charges, or an...

Section 3953.27 | Division of fees and charges.

...Nothing in this chapter prohibits the division of fees and charges between or among two or more title insurance companies or between or among one or more title insurance companies and one or more title insurance agents, between or among two or more title insurance agents, provided such division of fees and charges does not constitute an unlawful rebate or is not in payment of a forwarding fee or finder's fee.

Section 3953.28 | Prior approval required for forms and contracts.

...Every title insurance company shall file with the superintendent of insurance, all forms of title policies and other contracts of title insurance before the same are issued. Any such filing may be made by a title insurance rating organization in behalf of all its members or subscribers. In no event shall any title insurance company issue any such form of policy or contract until thirty days after it has been filed wi...

Section 3953.29 | Prohibiting restrictive covenants constituting unlawful discriminatory practice.

...On and after the effective date of this section, in connection with any transfer of registered land that occurs on or after that date in accordance with Chapters 5309. and 5310. of the Revised Code, no title insurance company shall write a policy or contract of title insurance that includes any specific reference to any restrictive covenant that appears to apply to the transferred registered land, if any inclusion of...

Section 3953.30 | Notice comparing lender's and owner's title insurance.

...(A) As used in this section: (1) "Residential mortgage loan" means an obligation to pay a sum of money evidenced by a note and secured by a lien upon real property located within this state containing two or fewer residential units or on which two or fewer residential units are to be constructed and includes such an obligation on a residential condominium or cooperative unit. (2) "Residential mortgage lender" means...

Section 3953.32 | Offer of closing or settlement protection to parties.

...(A) At the time an order is placed with a title insurance company for issuance of a title insurance policy, the title insurance company or the title insurance agent shall offer closing or settlement protection to the lender, borrower, and seller of the property, and to any applicant for title insurance. (B) The closing or settlement protection offered pursuant to this section shall indemnify any lender, borrower, se...

Section 3953.33 | Annual independent review of agency accounts.

...(A) Every title insurance agent or agency that handles escrow, settlement, closing, or security deposit accounts shall have an independent review made of its escrow, settlement, closing, and security deposit accounts each year on or before the thirty-first day of December for the twelve-month period ending the preceding thirty-first day of August. The title insurance agent or agency shall provide proof of t...

Section 3953.331 | Joint venture title insurance agencies annual review.

... (A) For a title insurance agency that is a joint venture, the annual review required under section 3953.33 of the Revised Code shall demonstrate that all members of the joint venture received revenue during the year in question from the title agency commensurate to their ownership interest in the title agency. The superintendent of insurance shall promulgate rules under Chapter 119. of the Revised Code setting forth...

Section 3953.35 | Prohibited conduct regarding loans of $75,000 or less.

...(A) No title insurance agent shall do any of the following in connection with a mortgage loan of seventy-five thousand dollars or less: (1) Knowingly coerce or wrongfully instruct the consumer to enter into the loan; (2) Knowingly fail to disclose to the consumer that the consumer does not have to close on the loan; (3) Knowingly make a material misrepresentation to the consumer regarding the terms of the loan. (...

Section 3953.36 | Dissolution or termination of a joint venture title insurance agency.

... For a title agency that is a joint venture that is set to dissolve or terminate on a specified date, all members of that joint venture shall be allowed or invited to join any successor joint ventures formed upon dissolution or termination of the original joint venture, and the percentage of ownership in any successor joint venture shall not be based on the percentage of title insurance business referred to the origi...

Section 3955.01 | Definitions.

...As used in sections 3955.01 to 3955.19 of the Revised Code: (A) "Account" means either of the two accounts created by division (B) of section 3955.06 of the Revised Code. (B) "Affiliate" means a person that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, an insolvent insurer on the thirty-first day of December of the year next preceding the d...

Section 3955.02 | Citing act.

...Sections 3955.01 to 3955.19 of the Revised Code may be cited as the Ohio insurance guaranty association act.