§ 59A-30-3 — Definitions

As used in the New Mexico Title Insurance Law: A. "agency agreement" means a document executed by a title insurer and title insurance agent that defines the compensation of the title insurance agent and the scope of the title insurance agent's authority; B. "basic premium rate" means the premium rate for an original owner's policy of title insurance; C. "business of title insurance" means: (1) issuing as title insurer or offering to issue as title insurer a title insurance policy; or (2) transacting or proposing to transact by a title insurer or title insurance agent any of the following activities when conducted or performed in contemplation of the issuance of a title insurance policy: (a) soliciting or negotiating the issuance of a title insurance policy; (b) guaranteeing, warranting or otherwise insuring the correctness of title searches; (c) executing title insurance policies; (d) effecting contracts of reinsurance; (e) abstracting, searching or examining titles; or (f) doing or proposing to do any business in substance equivalent to the business of title insurance in a manner designed to evade the provisions of the New Mexico Title Insurance Law or other laws applicable to the business of title insurance; D. "charge" means any consideration, other than premiums billed by a title insurance agent or title insurer or both, for the performance of services, including but not necessarily limited to: (1) consideration for the supervising or handling of escrows, settlements, closings, preparation of abstracts, delivery or recording of transfer and lien documents and disbursing funds; (2) consideration for services commenced but not completed; and (3) consideration for title searches conducted for a purpose other than issuance of a title insurance policy. "Charge" does not include consideration collected by a title insurer or title insurance agent when the consideration is limited to the amount billed for services rendered by a third party; E. "premium" means the consideration for issuing a title insurance policy and includes the consideration for searching and examining a title when conducted or performed for the purpose of the issuance of a title insurance policy; F. "available funds" means funds subject to immediate withdrawal by cash or check in a depository account with a financial institution, held in the name of and subject to the control of a title insurance agent, title insurer or third party fiduciary, not including a person or entity that is a party to the transaction, cooperating in the closing of a transaction with a title insurance agent or title insurer; G. "title insurance agent" means a person licensed as an agent under the Insurance Code [Chapter 59A NMSA 1978] and appointed by a title insurer; H. "title insurance policy" or "policy" means a contract indemnifying against loss or damage arising from any of the following that exist on or before the effective date of the policy: (1) defects in the insured title; (2) liens or encumbrances on the insured title; (3) unmarketability of the insured title; (4) invalidity or unenforceability of liens or encumbrances on the property that is the subject of the policy; or (5) lack of legal right of access to and from the property. "Title insurance policy" or "policy" does not include an abstract; and I. "title insurer" means any person authorized under the laws of this state to transact as insurer the business of title insurance.

Legislative History

1978 Comp., § 59A-30-3, enacted by Laws 1985, ch. 28, § 3; 1989, ch. 95, §