Bulletin: SC2022003

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Bulletin: SC2022003

Note: This Bulletin has been replaced by SC2023001 - UNDERWRITING - Fourth Amended and Restated Mutual Indemnification Agreement. Use it for reference only.

Bulletin Document
V 3
Date: December 20, 2022
To: All South Carolina Issuing Offices
RE: UNDERWRITING - Third Amended and Restated Mutual Indemnification Agreement

Dear Associates:

Third Amended and Restated Mutual Indemnification Agreement

The Mutual Indemnification Agreement (“MIA”) is a valuable underwriting tool that allows participating title insurance companies to rely on a current owner policy to insure over certain title defects without the need of requesting a letter of indemnity. The MIA saves underwriters and their agents significant time and energy when clearing title.

The Third Amended and Restated Mutual Indemnification Agreement (“Third Amended Agreement”) became effective on December 15, 2022. The Third Amended Agreement supersedes the prior Second Amended and Restated Mutual Indemnification Agreement.

The following title insurance companies chose to participate in the Third Amended and Restated Mutual Indemnification Agreement:

  • Alliant National Title Insurance Company
  • AmTrust Title Insurance Company
  • Connecticut Attorneys Title Insurance Company
  • Doma Title Insurance Company
  • First National Title Insurance Company
  • Investors Title Insurance Company
  • Old Republic National Title Insurance Company
  • Stewart Title Guaranty Company
  • Westcor Land Title Insurance Company
  • WFG National Title Insurance Company

Please note that the following companies elected not to participate in the Third Amended and Restated Mutual Indemnification Agreement:

  • Chicago Title Insurance Company
  • Commonwealth Land Title Insurance Company
  • Fidelity National Title Insurance Company
  • First American Title Insurance Company

When a title search reveals a defect arising prior to the effective date of an owner policy issued by a non-participating company, agents must cure the defect or contact a Stewart underwriter who will then decide if requesting a letter of indemnity from one of these title companies is appropriate.

The Third Amended Agreement may be viewed here.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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.


References

Bulletins Replaced:
  • None
Related Bulletins:
  • None
Underwriting Manual:
  • None
Exceptions Manual:
  • None
Forms:
  • None