Missouri Revised Statutes













Chapter 381

Title Insurance Law

←381.081

Section 381.085.1

381.088→

August 28, 2015

Forms, director to approve before use--contents concerning coverage of policy, when included--disapproval by director, procedure.

381.085. 1. As used in sections 381.011 to 381.412, the terms "search",

"search of the public records", or "search of title", mean a search of those

records established by the laws of this state for the purpose of imparting

constructive notice of matters relating to real property to purchasers for

value and without knowledge.



2. A title insurer shall not deliver or issue for delivery or permit any

of its authorized title agencies or title agents to deliver in this state any

standard form providing coverage, in connection with title insurance written,

unless the standard form has been filed with the director thirty days prior

to use.



3. Forms covered by this section shall include:



(1) Title insurance policies, including standard form endorsements;



(2) Title insurance commitments issued prior to the issuance of a title

insurance policy; and



(3) Closing or settlement protection letters.



4. Any term or condition related to an insurance coverage provided by a

title insurance policy or any exception to the coverage, except exceptions

ascertained from, or affirmative coverages offered as a result of, a search

and examination of records relating to a title or inspection or survey of a

property to be insured, may only be included in the policy after the term,

condition or exception has been filed with the director as herein provided.



5. The director shall review such form, term, condition, or exception

within thirty days. If within this time the director believes the form,

term, condition, or exception is not in compliance with the insurance laws of

this state or does not contain such words, phraseology, conditions, and

provisions which are specific, certain, and unambiguous and reasonably

adequate to meet the needed requirements of those insured under such

policies, the director may schedule a hearing to be held within sixty days

and at such hearing receive evidence and suggestions of law on the matter.



6. If the director determines after a hearing that a form, term,

condition, or exception shall be disapproved, the director shall issue an

order disapproving the form, term, condition, or exception in a record and

with findings of fact and conclusions of law in accordance with the

provisions of chapter 536. A final order may not be issued unless the

director specifies the provisions of law that have not been complied with or

the words, phraseology, conditions, or provisions which are not specific,

certain and unambiguous and reasonably adequate to meet the needed

requirement of those insured under such policies. A final order of

disapproval is subject to judicial review under the provisions of chapter 536.

During the pending of any proceeding under this section, all such forms may

be used, but this provision shall not deprive the director or department of

any other enforcement power over such forms that may be otherwise provided by

law.



7. The failure of the director to seek disapproval does not constitute an

approval or endorsement of the form, term, condition, or exception by the

director. It is unlawful to make any representation that the director has

approved a form, term, condition, or exception filed under this section.



(L. 2000 S.B. 894, A.L. 2007 S.B. 66)



Effective 1-01-08





2001



2001



381.085. 1. A title insurer or authorized rate service organization

shall not deliver or issue for delivery or permit any of its authorized

title agencies or title agents to deliver in this state, any form, in

connection with title insurance written, unless it has been filed with the

director and approved by the director or thirty days have elapsed and it

has not been disapproved as misleading or violative of public policy. Each

violation of this subsection is a class C violation as that term is defined

in section 381.045.



2. Forms covered by this section shall include:



(1) Title insurance policies, including standard form endorsements;

and



(2) Title insurance commitments issued prior to the issuance of a

title insurance policy.



3. After notice and opportunity to be heard are given to the insurer

or rate service organization which submitted a form for approval, the

director may withdraw approval of the form on finding that the use of the

form is contrary to the legal requirements applicable at the time of

withdrawal. The effective date of withdrawal of approval shall not be less

than ninety days after notice of withdrawal is given.



4. Any term or condition related to an insurance coverage provided by

an approved title insurance policy or any exception to the coverage, except

those ascertained from a search and examination of records relating to a

title or inspection or survey of a property to be insured, may only be

included in the policy after the term, condition or exception has been

filed with the director and approved as herein provided.



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