TCA § 56-35-102 — Chapter definitions

As used in this chapter, unless the context otherwise requires: “Associate” includes any: Employee of a producer of title insurance business; Spouse or relative within the second degree by blood or marriage of a producer of title insurance business or of an associate of a producer of title insurance business; Person who has a financial interest in a producer of title insurance business or in an associate of a producer of title insurance business; Person in whom a producer of title insurance or an associate of a producer of title insurance business has a financial interest; Organized for profit business in which a producer of title insurance business or an associate of a producer of title insurance business is a director, officer, partner or employee; Corporation making consolidated returns for United States income tax purposes with any producer of title insurance business or with any associate of a producer of title insurance business; or Person with whom a producer of title insurance business or an associate of a producer of title insurance business has any agreement, arrangement or understanding, or pursues any course of conduct designed to evade this chapter; “Commissioner” means the commissioner of commerce and insurance, and includes all deputies legally appointed and constituted to act in the commissioner's place and stead by other applicable law of the state; “Controlled business” describes that portion of a title insurance company's, title insurance agent's or title insurance agency's business in this state with which there is connected in any way, directly or indirectly: Producers of title insurance business who have financial interests in the title insurance company, title insurance agent or title insurance agency; Associates of the producers; or Associates who have financial interests in the title insurance company, title insurance agent or title insurance agency; “Financial interest” means any interest, legal or beneficial, such that the holder is or will be entitled to a share of the net profits or net worth of the business in which the interest is held; “Person” means an individual, firm, association, partnership, estate, trust, fiduciary, syndicate or corporation; “Policy” means any instrument, contract or agreement whereby and whereunder title insurance companies insure or guarantee titles to real property, or interests therein, or liens or encumbrances on the property, as defined in subdivision (11); “Producer of title insurance business” means: The insured or one (1) of the insureds under a policy of title insurance, except that, if the interest of the insured is held in a fiduciary capacity, the true or beneficial owner of the interest shall be deemed the insured for the purposes of this definition; or Any person engaged in the trade, business, occupation or profession of: Buying, selling, or leasing, or brokering or acting as agent in the buying, selling or leasing of interests in real property; Making, brokering or acting as agent in the making of loans secured by interests in real property; Building or developing for sale or lease real property, either improved or unimproved; Providing escrow or closing services in connection with the transfer of interests in real property or the making of loans secured by interests in real property, other than as a title insurance agent or a title insurance agency, or as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; or Practicing law, other than as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; “Risk rate” means the aggregate consideration paid, or to be paid, to a title insurance company for the insurance liability assumed under the policy of title insurance, or binder therefor, issued and delivered, or proposed to be issued and delivered, by the company, exclusive of all other charges incident to the issuance of the binder or policy for abstracting, record searching, certificates as to the record title to real estate, escrow and closing services, or other related services that may be offered by any title insurance or guaranty company and which company is authorized by law and its charter to perform, or the company's costs and expenses of procuring examinations of titles by attorneys approved or selected by it for such purpose; “Title insurance agency” means a firm, association, trust, corporation, cooperative, joint stock company or other legal entity authorized in writing by a title insurance company to solicit title insurance, collect premiums, determine insurability in accordance with the underwriting rules and standards prescribed by the title insurance company that the agency represents, and issue title insurance policies, title insurance binders, commitments to insure and endorsements thereto in its behalf; “Title insurance agent” means either: A natural person who meets the requirements of or performs the same functions as a “title insurance agency”; provided, that “title insurance agent” does not include officers and salaried employees of any title insurance company; or A member, officer or employee of a title insurance agency who exercises the powers and performs the duties of the agency; “Title insurance business” means the insuring or guaranteeing of titles to real property, or interests in real property, or the validity, accuracy or sufficiency of liens or encumbrances on real property; provided, that nothing contained in this chapter shall make it necessary for any corporation making abstracts of title, certifying to the correctness of abstracts of title, issuing certificates as to the record title to real estate, or furnishing information regarding title to real estate, to comply with this chapter, when the information does not take the form of, and is not, in fact, an insurance of the title to real estate, or interest in real estate, or of the liens or other encumbrances; and “Title insurance company” means any corporation, foreign or domestic, authorized by its charter to conduct a “title insurance business” as defined by this chapter and is sometimes referred to as “insurer” or “insurers.”