- June 30, 1998
- All Florida Offices and Agents
- Keys Title vs. Department of Insurance Statistical Data Reporting to Insurance Department
Sometime ago Keys Title and Abstract filed a law suit against the Department of Insurance in which Keys title challenged the authority of the Department to require collection of statistical data from licensed title insurance agents when the same requirement was not made of attorney agents. The trial court has now rendered a decision upon Keys Title's Motion for Summary Judgment and has agreed with Keys Title. The court has declared that aspect of the statute unconstitutional as a violation of the equal protection clause.
Accordingly, it would appear that Department can no longer require licensed title insurance agents to supply statistical data. We are advised that the Department is considering what options may be available to it, but mandatory collection of statistical data is not among them.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.