September 21, 2020
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       Florida Senate - 2010                                     SB 260
       
       
       
       By Senator Bennett
       
       
       
       
       21-00262-10                                            2010260__
    1                        A bill to be entitled                      
    2         An act relating to title insurance; creating s.
    3         626.8422, F.S.; authorizing a title insurance agent or
    4         agency to charge a reasonable fee for certain
    5         services; providing that such charges are not part of
    6         the rate charged by the title insurer; requiring that
    7         certain information regarding each charge be filed
    8         with the Office of Insurance Regulation; requiring
    9         that the office publish such information by specified
   10         means; prohibiting charges for certain services from
   11         being set below the cost of providing such services;
   12         amending s. 626.9541, F.S.; deleting clarifying
   13         provisions related to the payment of certain portions
   14         of premium; amending s. 627.7711, F.S.; expanding the
   15         definition of “premium” to include endorsements,
   16         commitments, or other contracts; providing additional
   17         exceptions to the scope of the term “premium”;
   18         providing a method of calculation of premium; creating
   19         s. 627.7712, F.S.; authorizing a title insurance agent
   20         or agency to charge a reasonable fee for certain
   21         services; providing that such charges are not part of
   22         the rate charged by the title insurer; requiring that
   23         certain information regarding each charge be filed
   24         with the office; requiring that the office publish
   25         such information by specified means; prohibiting
   26         charges for certain services from being set below the
   27         cost of providing such services; amending s. 627.780,
   28         F.S.; prohibiting a person from knowingly quoting,
   29         charging, accepting, collecting, or receiving a
   30         premium for title insurance other than the premium
   31         approved by the office; amending s. 627.782, F.S.;
   32         providing for the approval of rates; requiring that
   33         each title insurer make an annual filing with the
   34         office on or before a specified deadline demonstrating
   35         that the rate for such insurance is actuarially sound;
   36         prohibiting rates for such filing from including
   37         certain charges, commission, or compensation;
   38         providing methods by which filing requirements may be
   39         satisfied; requiring that the office issue a notice of
   40         intent to approve or disapprove the filing on or
   41         before a specified deadline; providing that such
   42         notice constitutes agency action; providing that
   43         requests for supporting information, mathematical or
   44         mechanical corrections, or notification of the
   45         office’s preliminary findings do not toll the deadline
   46         date; providing that a rate is deemed approved if the
   47         office does not issue the required notice within the
   48         specified period; requiring that the office review a
   49         rate filing to determine if the rate is excessive,
   50         inadequate, or unfairly discriminatory; requiring that
   51         the office consider certain factors and information
   52         when making such review; providing standards upon
   53         which a rate may be found excessive, inadequate, or
   54         unfairly discriminatory; authorizing the office to
   55         require an insurer to provide, at the insurer’s
   56         expense, any information necessary to evaluate the
   57         condition of the company and reasonableness of the
   58         filing; authorizing the office to review certain
   59         information at any time; requiring that the office
   60         initiate proceedings to disapprove a rate and notify
   61         the insurer if the office finds on a preliminary basis
   62         that a rate is excessive, inadequate, or unfairly
   63         discriminatory; requiring that an insurer, upon
   64         receipt of such notice from the office, provide
   65         certain information within a specified period;
   66         requiring that the office issue a notice of intent to
   67         approve or a notice of intent to disapprove within a
   68         specified period; providing that an insurer has the
   69         burden of proof to show by a preponderance of the
   70         evidence that a rate is not excessive, inadequate, or
   71         unfairly discriminatory; prohibiting an insurer from
   72         altering a rate for a specified period after its
   73         receipt of notice from the office that a rate may be
   74         excessive, inadequate, or unfairly discriminatory;
   75         providing exceptions; authorizing the office to
   76         disapprove without notice any rate increase filed by
   77         an insurer during the prohibited period; requiring
   78         that certain individuals affiliated with a title
   79         insurer certify specified information on a form
   80         approved by the Financial Services Commission when
   81         submitting a rate filing; providing that it is a
   82         violation of state law for a certifying officer or
   83         actuary to knowingly make a false certification;
   84         providing that failure to provide such certification
   85         results in a filing being disapproved without
   86         prejudice; authorizing an insurer to refile a rate
   87         filing under such circumstances; defining the term
   88         “actuary”; authorizing an insurer to apply for an
   89         extension of time to make a filing under certain
   90         circumstances; authorizing the office to exempt a
   91         company from filing rates or rate certifications under
   92         certain circumstances; authorizing the office to order
   93         insurers not meeting certain filing requirements to
   94         discontinue the issuance of policies for which the
   95         required filing was not made until such time that the
   96         office determines that the required filing has been
   97         submitted properly; providing for application of an
   98         approved rate; authorizing the commission to require
   99         by rule that licensees submit certain information
  100         determined by the office as necessary to analyze
  101         premium rates, retention rates, or the condition of
  102         the title insurance industry; authorizing the
  103         commission to adopt rules; amending s. 627.7845, F.S.;
  104         providing that an insurer is liable to the insured for
  105         damages up to three times the amount of coverage under
  106         certain conditions; repealing s. 627.783, F.S.,
  107         relating to rate deviation; providing for application
  108         of the act; providing an effective date.
  109  
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Section 626.8422, Florida Statutes, is created
  113  to read:
  114         626.8422Charges for services.—
  115         (1)A title insurance agent or agency may charge a
  116  reasonable fee for primary title services, title searches, and
  117  closing services, or the components thereof, actually performed
  118  by the agent or agency. Any charges under this section do not
  119  constitute a part of the rate charged by the title insurer for
  120  the issuance of the title insurance form, policy, commitment, or
  121  contract issued in connection therewith. The agent or agency
  122  must file with the office the amount of each such charge or
  123  change to such charge, including the components thereof,
  124  together with related information as required by the office on a
  125  form adopted by the office. The office shall publish the
  126  information collected from agents or agencies pursuant to this
  127  section via the Internet or otherwise as the office deems
  128  sufficient to apprise the public of costs for these services
  129  among the various agents or agencies.
  130         (2)Charges for the services or components of services
  131  described in subsection (1) which are set by the agent or agency
  132  may not be set below the cost of providing such services.
  133         Section 2. Paragraph (h) of subsection (1) of section
  134  626.9541, Florida Statutes, is amended to read:
  135         626.9541 Unfair methods of competition and unfair or
  136  deceptive acts or practices defined.—
  137         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  138  ACTS.—The following are defined as unfair methods of competition
  139  and unfair or deceptive acts or practices:
  140         (h) Unlawful rebates.—
  141         1. Except as otherwise expressly provided by law, or in an
  142  applicable filing with the office, knowingly:
  143         a. Permitting, or offering to make, or making, any contract
  144  or agreement as to such contract other than as plainly expressed
  145  in the insurance contract issued thereon;
  146         b. Paying, allowing, or giving, or offering to pay, allow,
  147  or give, directly or indirectly, as inducement to such insurance
  148  contract, any unlawful rebate of premiums payable on the
  149  contract, any special favor or advantage in the dividends or
  150  other benefits thereon, or any valuable consideration or
  151  inducement whatever not specified in the contract;
  152         c. Giving, selling, or purchasing, or offering to give,
  153  sell, or purchase, as inducement to such insurance contract or
  154  in connection therewith, any stocks, bonds, or other securities
  155  of any insurance company or other corporation, association, or
  156  partnership, or any dividends or profits accrued thereon, or
  157  anything of value whatsoever not specified in the insurance
  158  contract.
  159         2. Nothing in paragraph (g) or subparagraph 1. of this
  160  paragraph shall be construed as including within the definition
  161  of discrimination or unlawful rebates:
  162         a. In the case of any contract of life insurance or life
  163  annuity, paying bonuses to all policyholders or otherwise
  164  abating their premiums in whole or in part out of surplus
  165  accumulated from nonparticipating insurance; provided that any
  166  such bonuses or abatement of premiums is fair and equitable to
  167  all policyholders and for the best interests of the company and
  168  its policyholders.
  169         b. In the case of life insurance policies issued on the
  170  industrial debit plan, making allowance to policyholders who
  171  have continuously for a specified period made premium payments
  172  directly to an office of the insurer in an amount which fairly
  173  represents the saving in collection expenses.
  174         c. Readjustment of the rate of premium for a group
  175  insurance policy based on the loss or expense thereunder, at the
  176  end of the first or any subsequent policy year of insurance
  177  thereunder, which may be made retroactive only for such policy
  178  year.
  179         d. Issuance of life insurance policies or annuity contracts
  180  at rates less than the usual rates of premiums for such policies
  181  or contracts, as group insurance or employee insurance as
  182  defined in this code.
  183         e. Issuing life or disability insurance policies on a
  184  salary savings, bank draft, preauthorized check, payroll
  185  deduction, or other similar plan at a reduced rate reasonably
  186  related to the savings made by the use of such plan.
  187         3.a. No title insurer, or any member, employee, attorney,
  188  agent, or agency thereof, shall pay, allow, or give, or offer to
  189  pay, allow, or give, directly or indirectly, as inducement to
  190  title insurance, or after such insurance has been effected, any
  191  rebate or abatement of the premium or any other charge or fee,
  192  or provide any special favor or advantage, or any monetary
  193  consideration or inducement whatever.
  194         b. Nothing in this subparagraph shall be construed as
  195  prohibiting the payment of fees to attorneys at law, duly
  196  licensed to practice law in the courts of this state, for
  197  professional services, or as prohibiting the payment of earned
  198  portions of the premium to duly appointed agents or agencies who
  199  actually perform services for the title insurer. Nothing in this
  200  subparagraph shall be construed as prohibiting a rebate or
  201  abatement of an attorney’s fee charged for professional
  202  services, or that portion of the premium that is not required to
  203  be retained by the insurer pursuant to s. 627.782(1), or any
  204  other agent charge or fee to the person responsible for paying
  205  the premium, charge, or fee.
  206         c. No insured named in a policy, or any other person
  207  directly or indirectly connected with the transaction involving
  208  the issuance of such policy, including, but not limited to, any
  209  mortgage broker, real estate broker, builder, or attorney, any
  210  employee, agent, agency, or representative thereof, or any other
  211  person whatsoever, shall knowingly receive or accept, directly
  212  or indirectly, any rebate or abatement of any portion of the
  213  title insurance premium or of any other charge or fee or any
  214  monetary consideration or inducement whatsoever, except as set
  215  forth in sub-subparagraph b.; provided, in no event shall any
  216  portion of the attorney’s fee, any portion of the premium that
  217  is not required to be retained by the insurer pursuant to s.
  218  627.782(1), any agent charge or fee, or any other monetary
  219  consideration or inducement be paid directly or indirectly for
  220  the referral of title insurance business.
  221         Section 3. Subsection (2) of section 627.7711, Florida
  222  Statutes, is amended to read:
  223         627.7711 Definitions.—As used in this part, the term:
  224         (2) “Premium” means the charge, as specified by rule of the
  225  commission, that is made by a title insurer for a title
  226  insurance policy, endorsement, commitment, or other contract for
  227  including the charge for performance of primary title services
  228  by a title insurer or title insurance agent or agency, and
  229  incurring the risks incident to the such policy, endorsement,
  230  commitment, or other contract under the several classifications
  231  of title insurance contracts and forms, and upon which charge a
  232  premium tax is paid under s. 624.509. As used in this part or in
  233  any other law, with respect to title insurance, the word
  234  “premium” does not include a commission or any reimbursement for
  235  primary title services, title searches, closing services, or any
  236  component thereof performed by a title insurer, title insurance
  237  agent, or agency. The premium shall be calculated by multiplying
  238  the approved rate by each $1,000 of title insurance limits
  239  provided.
  240         Section 4. Section 627.7712, Florida Statutes, is created
  241  to read:
  242         627.7712Charges for services.—
  243         (1)A title insurance agent or agency may charge a
  244  reasonable fee for primary title services, title searches, and
  245  closing services, or the components thereof, actually performed
  246  by the agent or agency. Any charges under this section do not
  247  constitute a part of the rate charged by the title insurer for
  248  the issuance of the title insurance form, policy, commitment, or
  249  contract issued in connection therewith. The agent or agency
  250  must file with the office the amount of each such charge or
  251  change to such charge, including the components thereof,
  252  together with related information as required by the office on a
  253  form adopted by the office. The office shall publish the
  254  information collected from agents or agencies pursuant to this
  255  section via the Internet or otherwise as the office deems
  256  sufficient to apprise the public of costs for these services
  257  among the various agents or agencies.
  258         (2)Charges for the services or components of services
  259  described in subsection (1) set by the agent or agency may not
  260  be set below the cost of providing such services.
  261         Section 5. Subsection (1) of section 627.780, Florida
  262  Statutes, is amended to read:
  263         627.780 Illegal dealings in premium.—
  264         (1) A person may not knowingly quote, charge, accept,
  265  collect, or receive a premium for title insurance other than the
  266  premium approved by the office adopted by the commission, except
  267  as provided in s. 626.9541(1)(h)3.b.
  268         Section 6. Section 627.782, Florida Statutes, is amended to
  269  read:
  270         627.782 Approval Adoption of rates.—
  271         (1)Each title insurer shall make an annual filing with the
  272  office no later than 12 months after the date of that insurer’s
  273  previous filing which demonstrates that the rate is actuarially
  274  sound. Rates for the required filing may not include any charge
  275  for primary title services, closing services, or title searches
  276  as defined in s. 627.7711 or any commission or other
  277  compensation made to title agents or agencies.
  278         (a) The filing requirements of this section shall be
  279  satisfied by one of the following methods:
  280         1. A rate filing prepared by an actuary containing
  281  documentation demonstrating that the proposed rates are not
  282  excessive, inadequate, or unfairly discriminatory pursuant to
  283  applicable rating laws and rules of the commission.
  284         2. If no rate change is proposed, a filing consisting of a
  285  certification by an actuary that the existing rate is
  286  actuarially sound and not excessive, inadequate, or unfairly
  287  discriminatory.
  288         (b) The office shall finalize its review by issuing a
  289  notice of intent to approve or a notice of intent to disapprove
  290  within 90 days after the date of its receipt of the filing. The
  291  notice of intent to approve and the notice of intent to
  292  disapprove constitute agency action for purposes of chapter 120.
  293  Requests for supporting information, requests for mathematical
  294  or mechanical corrections, or notification to the insurer by the
  295  office of its preliminary findings do not toll the 90-day period
  296  during any such proceeding. The rate shall be deemed approved if
  297  the office does not issue a notice of intent to approve or a
  298  notice of intent to disapprove within 90 days after the date of
  299  its receipt of the filing.
  300         (c)Upon receipt of a rate filing, the office shall review
  301  the rate filing to determine if the rate is excessive,
  302  inadequate, or unfairly discriminatory. The office shall, in
  303  accordance with generally accepted and reasonable actuarial
  304  principles and techniques, consider the following factors when
  305  making such determination:
  306         1.Each title insurer’s loss experience and prospective
  307  loss experience within and without this state under closing
  308  protection letters, policies, endorsements, commitments, and
  309  other contracts and policy liabilities.
  310         2.A reasonable margin for profit and contingencies,
  311  including contingent liability under s. 627.7865, sufficient to
  312  allow title insurers to earn a rate of return on their capital
  313  which will attract and retain adequate capital investment in the
  314  title insurance business and maintain an efficient title
  315  insurance delivery system.
  316         3.Past expenses and prospective expenses for the
  317  administration and handling of risks.
  318         4.Liability for defalcation.
  319         5.The degree of competition among insurers for the risk
  320  insured.
  321         6.Investment income reasonably expected by the insurer,
  322  consistent with the insurer’s investment practices, from
  323  premiums anticipated in the filing, plus any other expected
  324  income from currently invested assets representing the amount
  325  expected on unearned premium reserves and loss reserves. The
  326  commission may adopt rules using reasonable techniques of
  327  actuarial science and economics to specify the manner in which
  328  insurers must calculate investment income attributable to such
  329  classes of insurance written in this state and the manner in
  330  which such investment income must be used in the calculation of
  331  insurance rates. The manner of calculation shall contemplate
  332  allowances for a profit factor and investment income that
  333  produce a reasonable rate of return; however, investment income
  334  from invested surplus may not be considered.
  335         7.The reasonableness of the judgment reflected in the
  336  filing.
  337         8.Dividends, savings, or unabsorbed premium deposits
  338  allowed or returned to Florida policyholders, members, or
  339  subscribers.
  340         9.The adequacy of loss reserves.
  341         10.The cost of reinsurance.
  342         11.Trend factors, including trends in actual losses per
  343  insured unit for the insurer making the filing.
  344         12.Other relevant factors that affect the frequency or
  345  severity of claims or expenses.
  346         (d)After consideration of the rate factors provided in
  347  paragraph (c), a rate may be found by the office to be
  348  excessive, inadequate, or unfairly discriminatory based upon the
  349  following standards:
  350         1.Rates shall be deemed excessive if they are likely to
  351  produce a profit from Florida business which is unreasonably
  352  high in relation to the risk involved in the class of business
  353  or if expenses are unreasonably high in relation to services
  354  rendered.
  355         2.Rates shall be deemed excessive if, among other things,
  356  the rate structure established by a title insurer provides for
  357  replenishment of surpluses from premiums if the replenishment is
  358  necessitated by investment losses.
  359         3.Rates shall be deemed inadequate if the rates and the
  360  investment income attributable to them are clearly insufficient
  361  to sustain projected losses and expenses in the class of
  362  business to which they apply.
  363         (e)In reviewing a rate filing, the office may require the
  364  insurer to provide, at the insurer’s expense, all information
  365  necessary to evaluate the condition of the company and the
  366  reasonableness of the filing according to the criteria
  367  enumerated in this section.
  368         (f)The office may at any time review a rate, rating
  369  schedule, rating manual, or rate change; the pertinent records
  370  of the insurer; and market conditions. If the office finds on a
  371  preliminary basis that a rate may be excessive, inadequate, or
  372  unfairly discriminatory, the office shall initiate proceedings
  373  to disapprove the rate and shall notify the insurer. Upon being
  374  notified, the insurer shall, within 60 days, file with the
  375  office all information that, in the belief of the insurer,
  376  proves the reasonableness, adequacy, and fairness of the rate or
  377  rate change. The office shall issue a notice of intent to
  378  approve or a notice of intent to disapprove pursuant to the
  379  procedures of paragraph (b) within 90 days after the date of its
  380  receipt of the insurer’s initial response. In such instances and
  381  in any administrative proceeding relating to the legality of the
  382  rate, the insurer has the burden of proof to show by a
  383  preponderance of the evidence that the rate is not excessive,
  384  inadequate, or unfairly discriminatory. After the office
  385  notifies an insurer that a rate may be excessive, inadequate, or
  386  unfairly discriminatory, unless the office withdraws the
  387  notification, the insurer may not alter the rate except to
  388  conform with the office’s notice until the earlier of 120 days
  389  after the date the notification was provided or 180 days after
  390  the date of the implementation of the rate. The office may,
  391  subject to chapter 120, disapprove without the required 60-day
  392  notification any rate increase filed by an insurer within the
  393  prohibited period or during the time that the legality of the
  394  increased rate is being contested.
  395         (g)When submitting a rate filing, the chief executive
  396  officer or the chief financial officer of the title insurer and
  397  the chief actuary of the title insurer must certify the
  398  following information on a form approved by the commission,
  399  under oath, and subject to penalty of perjury:
  400         1.The signing officer and actuary have reviewed the rate
  401  filing;
  402         2.Based on the knowledge of the signing officer and
  403  actuary, the rate filing does not contain any untrue statement
  404  of a material fact or omit a material fact necessary to make the
  405  statements not misleading, in light of the circumstances under
  406  which such statements were made;
  407         3.Based on the knowledge of the signing officer and
  408  actuary, the information and other factors described in this
  409  section, including, but not limited to, investment income,
  410  present the basis of the rate filing in all material respects
  411  for the periods presented in the filing; and
  412         4.Based on the knowledge of the signing officer and
  413  actuary, the rate filing reflects all premium savings that are
  414  reasonably expected to result from legislative enactments and
  415  are in accordance with generally accepted and reasonable
  416  actuarial techniques.
  417  
  418  A signing officer or actuary who knowingly makes a false
  419  certification under this subsection commits a violation of s.
  420  626.9541(1)(e) and is subject to the penalties prescribed in s.
  421  626.9521. Failure to provide such certification by the officer
  422  and actuary shall result in the rate filing being disapproved
  423  without prejudice. Under such circumstances, the insurer or
  424  rating organization may refile its rate filing with the required
  425  certification. As used in this paragraph, the term “actuary”
  426  means an individual who is a member of the Casualty Actuary
  427  Society or the American Academy of Actuaries.
  428         (h)If, at the time a filing is required under this
  429  section, an insurer is in the process of completing a rate
  430  review, the insurer may apply to the office for an extension of
  431  up to an additional 30 days to make the filing. The request for
  432  an extension must be received by the office no later than the
  433  date the filing is due.
  434         (i)After receiving a request to be exempted from the
  435  provisions of this section before the filing is due, the office
  436  may, due to insignificant numbers of policies in force or
  437  insignificant premium volume, exempt a company from filing rates
  438  or rate certification as required by this section.
  439         (j)If an insurer fails to meet the filing requirements of
  440  this subsection and does not submit the filing within 60 days
  441  following the date on which the filing is due, the office may,
  442  in addition to any other penalty authorized by law, order the
  443  insurer to discontinue the issuance of policies for which the
  444  required filing was not made until such time that the office
  445  determines that the required filing has been submitted properly.
  446         (1)Subject to the rating provisions of this code, the
  447  commission must adopt a rule specifying the premium to be
  448  charged in this state by title insurers for the respective types
  449  of title insurance contracts and, for policies issued through
  450  agents or agencies, the percentage of such premium required to
  451  be retained by the title insurer which shall not be less than 30
  452  percent. However, in a transaction subject to the Real Estate
  453  Settlement Procedures Act of 1974, 12 U.S.C. ss. 2601 et seq.,
  454  as amended, no portion of the premium attributable to providing
  455  a primary title service shall be paid to or retained by any
  456  person who does not actually perform or is not liable for the
  457  performance of such service.
  458         (2)In adopting premium rates, the commission must give due
  459  consideration to the following:
  460         (a)The title insurers’ loss experience and prospective
  461  loss experience under closing protection letters and policy
  462  liabilities.
  463         (b)A reasonable margin for underwriting profit and
  464  contingencies, including contingent liability under s. 627.7865,
  465  sufficient to allow title insurers, agents, and agencies to earn
  466  a rate of return on their capital that will attract and retain
  467  adequate capital investment in the title insurance business and
  468  maintain an efficient title insurance delivery system.
  469         (c)Past expenses and prospective expenses for
  470  administration and handling of risks.
  471         (d)Liability for defalcation.
  472         (e)Other relevant factors.
  473         (3)Rates may be grouped by classification or schedule and
  474  may differ as to class of risk assumed.
  475         (4)Rates may not be excessive, inadequate, or unfairly
  476  discriminatory.
  477         (2)(5) The approved rate premium applies to each $100 of
  478  insurance issued to an insured.
  479         (3)(6) The approved rate applies premium rates apply
  480  throughout this state.
  481         (7)The commission shall, in accordance with the standards
  482  provided in subsection (2), review the premium as needed, but
  483  not less frequently than once every 3 years, and shall, based
  484  upon the review required by this subsection, revise the premium
  485  if the results of the review so warrant.
  486         (4)(8) The commission may, by rule, require licensees under
  487  this part to annually submit statistical information, including
  488  loss and expense data, as the office department determines to be
  489  necessary to analyze premium rates, retention rates, and the
  490  condition of the title insurance industry.
  491         (5)The commission may establish procedures for the
  492  required filings by rule.
  493         Section 7. Subsection (1) of section 627.7845, Florida
  494  Statutes, is amended to read:
  495         627.7845 Determination of insurability required;
  496  preservation of evidence of title search and examination.—
  497         (1) A title insurer may not issue a title insurance
  498  commitment, endorsement, or title insurance policy until the
  499  title insurer has caused to be made a determination of
  500  insurability based upon the evaluation of a reasonable title
  501  search or a search of the records of a Uniform Commercial Code
  502  filing office, as applicable, has examined such other
  503  information as may be necessary, and has caused to be made a
  504  determination of insurability of title or the existence,
  505  attachments, perfection, and priority of a Uniform Commercial
  506  Code security interest, including endorsement coverages, in
  507  accordance with sound underwriting practices. If an insurer or
  508  its agent is negligent in performing the activities required in
  509  this subsection, the insurer is liable to the insured for
  510  damages up to three times the amount of coverage.
  511         Section 8. Section 627.783, Florida Statutes, is repealed.
  512         Section 9. This act shall take effect July 1, 2010, and
  513  applies to title insurance forms, contracts, commitments, or
  514  policies issued on or after that date.

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