Colorado § 10-11-106 Determination of insurability required

Colorado Statutes

§ 10-11-106 — Determination of insurability required

Colorado·Title 10 Insurance·Art. Title Insurance

(1)No policy or contract of title insurance shall be written unless and until the title insurance company has caused to be conducted a reasonable examination of the title and has caused to be made a determination of insurability of title in accordance with sound underwriting practices for title insurance companies. Evidence thereof shall be preserved and retained in the files of the title insurance company or its agent for a period of not less than seven years after the policy or contract of title insurance has been issued. In lieu of retaining the original copy, the title insurance company, or the agent of the title insurance company, may, in the regular course of business, establish a system whereby all or part of these writings are recorded, copied, or reproduced by any photo

Free access — add to your briefcase to read the full text and ask questions with AI

(1) No policy or contract
of title insurance shall be written unless and until the title insurance company has
caused to be conducted a reasonable examination of the title and has caused to be
made a determination of insurability of title in accordance with sound underwriting
practices for title insurance companies. Evidence thereof shall be preserved and
retained in the files of the title insurance company or its agent for a period of not
less than seven years after the policy or contract of title insurance has been issued.
In lieu of retaining the original copy, the title insurance company, or the agent of
the title insurance company, may, in the regular course of business, establish a
system whereby all or part of these writings are recorded, copied, or reproduced by
any photographic, photostatic, microfilm, microcard, miniature photographic, or
other process which accurately reproduces or forms a durable medium for
reproducing the original. This section shall not apply to either a company assuming
no primary liability in a contract of reinsurance or a company acting as a coinsurer if
one of the other coinsuring companies has complied with this section.

(2) A title insurance company shall not be obligated to make a written
disclosure to its prospective insureds prior to the issuance of a title insurance
policy of the following documents if a reasonable examination of title referred to in
subsection (1) of this section reveals a recorded document that:

(a) Is a spurious lien or spurious document as defined in section 38-35-201,
C.R.S.;

(b) Is not, according to sound underwriting practices for title insurance
companies, an impairment of record concerning the property to be insured; or

(c) Although it may purport to do so, does not encumber the property to be
insured.

Colorado § 10-11-106 (Determination of insurability required) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 69: p. 522, � 1. C.R.S. 1963: � 72-26-6. L. 97: Entire section amended, p. 38, � 4, effective March 20. L. 99: (1) amended, p. 27, � 1, effective August 4.