As used in this article 11, unless the context otherwise requires:
(1) "Affiliate" or "subsidiary" means a person who directly or indirectly, through one or more intermediaries:
Controls a title insurance agent or title insurance company;
Is controlled by a title insurance company; or
Is under common control with a title insurance agent or title insurance company.
(1.3) "Affiliated business arrangement" means an arrangement in which:
(a) (I) A settlement producer or an associate of such producer has either an affiliate relationship with, or a direct beneficial ownership interest of more than one percent in, a title insurance company or title insurance agent; or
(II) A title insurance company or a title insurance agent who has either an affiliate relationship with, or a direct beneficial ownership interest of more than one percent in a settlement producer; and
(b) (I) Either the settlement producer or the agent of the settlement producer directly or indirectly refers settlement service business to that title insurance company or title insurance agent or affirmatively influences the selection of that title insurance company or title insurance agent; or
(II) Either the title insurance company or the title insurance agent directly or indirectly refers settlement services business to a settlement producer or associate or affirmatively influences the selection of the settlement producer or associate.
(1.5) "Alien title insurance company" means a title insurance company incorporated or organized under the laws of a foreign nation, or of any province or territory thereof, not included under the definition of a foreign title insurance company.
"Applicants for insurance" includes all those, whether or not a prospective insured,who from time to time apply to a title insurance company, or to its agent, for title insurance and who at the time of such application are not agents for a title insurance company.
(2.5) "Associate" means a person who has one or more of the following relationships with a person in a position to refer settlement service business:
A spouse, parent, or child of such person;
A corporation or business entity that controls, is controlled by, or is under commoncontrol with such person;
An employer, officer, director, partner, franchiser, or franchisee of such person; or
Anyone who has an agreement, arrangement, or understanding with such person, thepurpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of such business.
The "business of title insurance" means the making or proposing to make, as insurer,guarantor, or surety, of any contract or policy of title insurance; or the transacting or proposing to transact, as insurer, guarantor, or surety, any phase of title insurance, including solicitation, negotiation preliminary to execution, execution of a contract of title insurance, and transacting matters subsequent to the execution of the contract and arising out of it, including reinsurance, and the performance of closing and settlement services by a title insurance company or title insurance agent in conjunction with the issuance of any contract or policy of title insurance.
"Closing and settlement services" means providing services for the benefit of allnecessary parties in connection with the sale, leasing, encumbering, mortgaging, creating a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust.
"Commission" means the title insurance commission established in part 2 of thisarticle.
"Gap coverage" means insuring, guaranteeing, or indemnifying owners of real property, or others interested therein, against loss or damage suffered by reason of matters appearing of record in the office of the clerk and recorder subsequent to the date of issuance of a title insurance commitment and prior to the recording of closing documents for the real property concerned.
(3.9) "Net admitted assets" means the title insurance company's net admitted assets as reported pursuant to section 10-3-208.
"Net retained liability" means the total liability retained by a title insurance companyunder any policy or contract of insurance, or under a single insurance risk as defined in or computed in accordance with subsection (7) of this section, after the purchase of reinsurance.
"Premium" for title insurance is the amount charged by a title insurance company,agent for a title insurance company, or either of them to an insured or an applicant for insurance for the assumption by the title insurance company of the risk created by the issuance of the title insurance policy, including the cost of doing business and a reasonable profit, but excluding service charge, if any.
"Service charge" is the amount charged by a title insurance company, agent for a titleinsurance company, or either of them to an insured or an applicant for insurance to cover the cost of procuring and examining evidence of title.
(a) "Settlement producer" means a person who is in a position to refer business that is incident to or a part of a settlement service. "Settlement producer" includes, but is not limited to, a person who:
Buys or sells an interest in real property;
Lends or borrows moneys with an interest in real property as security;(III) Acts as an agent, representative, attorney, or employee of a person who:
Buys or sells an interest in real property; or
Lends or borrows moneys with an interest in real estate as security;(IV) Is an associate of a person described in this subsection (6.5).
(b) Nothing in this subsection (6.5) shall be construed to include a title insurance company or a title insurance agent.
(6.7) "Settlement service" means any service provided in connection with a real estate settlement. "Settlement services" include, but are not limited to, the following:
Title searches;
Title examinations;
The provision of title certificates;
Title insurance;
Services rendered by an attorney;
The preparation of title documents;
Property surveys;
The rendering of credit reports or appraisals;
Pest and fungus inspections;
Services rendered by a real estate broker;
Services rendered by a real estate appraiser;
Home inspection services;
The origination of a loan;
The taking of a loan application;
Processing of a loan;
Underwriting and funding of a loan;
Escrow handling services;(r) The handling of the processing; and (s) Closing of settlement.
"Single insurance risk" means the insured amount of any policy or contract of titleinsurance issued by a title insurance company unless two or more policies or contracts are simultaneously issued on different estates in identical real property, in which event, it means the sum of the insured amounts of all such policies or contracts. Any such policy or contract that insures a mortgage interest that is excepted in a fee or leasehold policy or contract, and which does not exceed the insured amount of such fee or leasehold policy or contract, shall be excluded in computing the amount of a single insurance risk.
"Title insurance" means insuring, guaranteeing, or indemnifying owners of real property or others interested therein against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to said property.
(8.5) "Title insurance agency" means a corporation, partnership, foreign entity, or domestic entity as those terms are defined in section 7-90-102, or association or other legal entity that transacts the business of title insurance.
"Title insurance agent" means a person authorized by a title insurance company tosolicit insurance or to collect premiums or to issue or countersign policies in its behalf.
"Title insurance company" means any domestic company organized under the provisions of this article for the purpose of insuring titles to real property; any title insurance company organized under the laws of another state or foreign nation and licensed to insure titles to real estate within this state; and any domestic, foreign, or alien company having the power and authorized to insure titles to real estate within this state on or before July 1, 1969, and which meets the requirements of this article.
"Title insurance entity" means a title insurance agent, title insurance agency, or titleinsurance company.
Source: L. 69: p. 520, § 1. C.R.S. 1963: § 72-26-2. L. 87: (3) amended and (3.5) and (3.7) added, p. 446, § 1, effective April 30. L. 2006: (1) amended and (1.5), (2.5), (6.5), and (6.7) added, p. 264, § 1, effective July 1. L. 2015: (1.3), (3.6), and (3.9) added, (SB 15-210), ch. 292, p.1190, § 1, effective August 5. L. 2018: IP amended and (8.5) and (11) added, (SB 18125), ch. 73, p. 640, § 1, effective March 29.
Editor's note: (1) Subsection (1) was originally numbered as subsection (1.3) in Senate Bill 15-210 but has been renumbered on revision for ease of location.
(2) Subsection (8.5) was numbered as subsection (9.5) in Senate Bill 18-125 but has been renumbered on revision for ease of location.