33-25-106. Application. (1) This chapter applies to all title insurers, title insurance rating organizations, title insurance producers, applicants for title insurance, title insurance policyholders, and all other persons engaged in title insurance business in this state.

Terms Used In Montana Code 33-25-106

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Title insurance business: means :

    (a)issuing or offering to issue a title insurance policy as an insurer;

    (b)transacting or proposing to transact any of the following as a title insurer or title insurance producer, in contemplation of or in conjunction with the issuance of a title insurance policy:

    (i)soliciting or negotiating the issuance of a title insurance policy;

    (ii)guaranteeing, warranting, or otherwise insuring the correctness of title searches;

    (iii)handling escrows, settlements, or closings;

    (iv)executing title insurance policies, reports, commitments, binders, and endorsements;

    (v)effecting contracts of reinsurance; or

    (vi)abstracting, searching, or examining titles;

    (c)transacting, as a title insurer or insurance producer, matters subsequent to the issuance of a title insurance policy and arising out of the policy; or

    (d)doing or proposing to do business that, in substance, is equivalent to any of the activities described in subsections (12)(a) through (12)(c) in a manner designed to evade the provisions of this title. See Montana Code 33-25-105

(2)This chapter does not authorize the practice of law by a person who is not licensed to practice law in this state, and this chapter does not authorize the commissioner to regulate the practice of law.