How to stay out of HOT water?

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1 How to stay out of HOT water? (Keeping Title Agents LUKEWARM) William R. Lacy Arkansas Insurance Department

2 1200 West Third Street Little Rock, AR Phone FAX Sarah Harper Gray, Title Insurance Coordinator Nina Carter, Associate Counsel

3 Insurance Commissioner Jay Bradford

4 Commissioner Bradford was appointed in January 2009 by Governor Mike Beebe. Our Commissioner has more than four decades of experience in the insurance industry, including 30 years as founder of First Arkansas Insurance Group, a statewide network of independent property and casualty agencies. Customer service and consumer protection have been hallmarks of the Commissioner s career.

5 Previously, the Director of the Division of Behavioral Health Services within the AR Department of Human Services. Arkansas Legislature for 24 years.

6 The Arkansas Insurance Department gained jurisdiction over the licensing of title insurance agents on January 1, 2008, through the Arkansas Title Insurance Act, Act 684. The Department already had jurisdiction over title insurance companies. Ark. Code Ann et. seq. The ACT abolished the Arkansas Title Insurance Agents Licensing Board and transferred its power and duties to the Insurance Department.

7 Department Rules Promulgated Rule 87 Title Insurance Provides Department guidance to the Title Insurance Act Rule 88 Title Insurance Licensing and Appointment Fees

8 What does being a licensed title agent qualify me to do? The statutory definition of a title insurance agent is: an individual affiliated with a title insurance agency that is authorized on behalf of a title insurer (underwriter) to issue a title insurance report or title insurance policy.

9 Avoid Licensing Issues? The Title Agent License is a comprehensive license. Who needs a license?

10 Solicit Calculating title insurance rates subject to reissue rates, enhancements to coverage, endorsements or any deviation from any licensed title insurance agency s standard published rates Negotiate Explain, discuss or interpret coverage, analyze exposures or policies, or give opinions or recommendations as to coverage Counsel, urge or advise any prospective buyer or seller to purchase a particular policy or to insure with a particular company (insurer) Examination of title to determine marketability and insurability of title in accordance with the title insurer s underwriting practices Guaranteeing, warranting, or otherwise insuring the status of title, liens, encumbrances, or other matters of record Production, issuance and execution of a title insurance commitment or policy

11 Sell Indicate that requested coverage is or will be bound or issued Bind coverage A closing agent who explains, discusses or interprets coverage, analyzes exposures or policies, or gives opinions or recommendations as to coverage

12 Who doesn t need a license: Dispense brochures and other general information (so long as no conversation relating to the terms of a title insurance commitment and/or policy) Performs marketing duties under the supervision of a title insurance agent Gathering and receiving information from a potential policyholder to give to an agent Scheduling appointments with a title agent Quoting title insurance rates including references to a published or printed list or computer data base of standard rates prepared by a licensed title insurance agent Communicating with the policyholder or prospective policyholder in order to obtain factual information necessary to complete a title search of all matters of record Conducting a title search An individual performing escrow and real estate closing or settlement services and who does not solicit, sell or negotiate title insurance. Providing the document and obtaining purchasers and/or borrowers signatures on the written notice required by A.C.A (b)(1) A closing agent that provides closing services but does not otherwise engage in title insurance business

13 Additional Information Regarding Licensing: Highlights: Ark. Code Ann (11) "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers; Ark. Code Ann (13) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company; Ark. Code Ann (14) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company;

14 How to keep a Title Insurance Agent s License? Renew of your License is Due by Your Birthday Complete Annual CE Maintain an Company Appointment and Agency Affiliation

15 Continue to be: Competent Trustworthy Financially Responsible Good Personal and Business Reputation Comply with the PLMA, Ark. Code Ann et seq. Who must be Licensed, Exceptions Assumed Business Names

16 How Can I Lose my Title Insurance Agent s License? License denial, nonrenewal, or revocation (a) The Insurance Commissioner may place on probation, suspend, revoke, or refuse to issue or renew an insurance producer s license or may levy a civil penalty in accordance with or any combination of actions for any one (1) or more of the following:

17 (1) Providing incorrect, misleading, incomplete, or materially untrue information in the license application; (2) Violating any of the following that calls into question the insurance producer s fitness to hold a license: (A) A law; or (B) A regulation, subpoena, or order of: (i) The commissioner; (ii) Another state s insurance commissioner; or (iii) A court of competent jurisdiction. (3) Obtaining or attempting to obtain a license through misrepresentation or fraud;

18 (4) Improperly withholding, misappropriating, or converting any moneys or properties received in the course of doing insurance business; (5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance; (6) Having been convicted of a felony; (7) Having admitted or been found to have committed any insurance unfair trade practice or fraud; (8) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence, untrustworthiness, lack of good personal or business reputation, or financial irresponsibility;

19 (9) Having an insurance producer license or its equivalent denied, suspended, or revoked in any other state, province, district, or territory; (10) Forging another s name to an application for insurance or to any document related to an insurance transaction; (11) Improperly using notes or any other reference material to complete an examination for an insurance license; (12) Knowingly accepting insurance business from an individual who is not licensed;

20 (13) Failing to provide a written response after receipt of a written inquiry from the commissioner or his or her representative as to transactions under the license within thirty (30) days after receipt thereof unless the timely written response is knowingly waived in writing by the commissioner; (14) Failing to comply with an administrative or court order imposing a child support obligation; (15) Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax; (16) Refusing to be examined or to produce any accounts, records, or files for examination; or (17) Failing to cooperate with the commissioner in an investigation when required by the commissioner.

21 Penalties--Liabilities (a) If the Insurance Commissioner determines that a title insurer, title insurance agency, title insurance agent, or any other person has violated this subchapter or any rule or order promulgated under this subchapter, the commissioner may order: (1)(A) Payment of a monetary penalty not to exceed one thousand dollars ($1,000) for each act or violation and not to exceed an aggregate penalty of ten thousand dollars ($10,000) unless the title insurer, title insurance agency, title insurance agent, or other person knew or reasonably should have known that the title insurer, title insurance agency, title insurance agent, or other person was in violation of this subchapter.

22 (B) If the title insurer, title insurance agency, title insurance agent, or other person knew or reasonably should have known that the title insurer, title insurance agency, title insurance agent, or other person was in violation of this subchapter, the penalty shall not exceed five thousand dollars ($5,000) for each act or violation and not exceed an aggregate penalty of fifty thousand dollars ($50,000) in any sixmonth period; or

23 (2) Suspension or revocation of the title insurer s, title insurance agency s, title insurance agent s, or other person s license if the title insurer, title insurance agency, title insurance agent, or other person knew or reasonably should have known that the title insurer, title insurance agency, title insurance agent, or other person was in violation of this subchapter. (b) If an order of rehabilitation or liquidation of the title insurer or of conservation of assets of the title insurer has been entered and the receiver appointed under the order determines that the title insurance agency or title insurance agent or any other person has not complied with this subchapter or any rule or order promulgated under this subchapter and the title insurer suffered any resulting loss or damage, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the title insurer and its policyholders and creditors. (c) This section does not affect the right of the commissioner to impose any other penalties provided under et seq.

24 Other Penalties Letter of Reprimand Probation Suspension Revocation of License By Consent Order After a Hearing by Order

25 Trade Practices Act , et seq. Unfair competition, unfair or deceptive acts Definitions Defamation False information and advertising False statements or misrepresentations

26 Mandatory Reporting of Fraudulent Insurance Acts (a) A person engaged in the business of insurance having knowledge or a reasonable belief that a fraudulent insurance act is being, will be, or has been committed shall provide to the Insurance Commissioner the information required by, and in a manner prescribed by, the commissioner. (b) Any person engaged in the business of insurance who knowingly fails to report as required by subsection (a) of this section shall be guilty of a Class A misdemeanor.

27 The Criminal Investigation Division (CID) is a division within the Arkansas Insurance Department. CID was created by the State Legislature in 1993 to investigate workers' compensation fraud. In 1997, the Legislature expanded our mandate to include all other types of insurance fraud. In 2001, the Legislature gave the division law enforcement status. That means our investigators carry weapons, serve warrants, and have the power to arrest suspects.

28 To report a suspected case of fraud: Mail or fax CID a copy of the Uniform Suspected Insurance Fraud Reporting Form, or Complete the national NAIC Online Reporting Form, or Call CID at (866) or (501) or at

29 Consumer Protection Consumer Protection is a focus Agent Education Insurer Solvency

30 Complaints Complaints can be filed by consumers or other agents Examine for Violations of the Insurance Code Possible Fraud? May Review Audits

31 Thank You! Please contact us if you have any other questions. Sarah Harper, Title Insurance Coordinator Arkansas Insurance Department 1200 West Third Street Little Rock, AR Phone FAX Nina Carter, Associate Counsel

32

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