Bulletin: IN2015002

Date:
February 05, 2015
To:
All Indiana Issuing Offices
RE:
RATES AND/OR FORMS UPDATE - New Forms Filed

Dear Associates:

The following forms have been approved by the Indiana Department of Insurance effective for use immediately in the State of Indiana subject to satisfaction of underwriting requirements for issuance:

ALTA Homeowner’s Policy of Title Insurance (12-02-13)

This Policy is designed to incorporate the changes of the 2006 Owner’s Policy and improve the title insurance coverage given to the Insured. The only changes in the 2013 Policy include clarification of the coverage relating to trusts or estate planning entities within CONDITION 2.b.(3), and the addition of the following exclusions from coverage:  (8) Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence; and (9) Negligence by a person or an Entity exercising a right to extract or develop minerals, water or any other substances.

ALTA Expanded Coverage Residential Loan Policy for a One-To-Four Family Residence (12-02-13)

This Policy is designed to incorporate the changes of the 2006 Loan Policy and improve the title insurance coverage given to the Insured. The only changes in the policy are the additions of the following exclusions from coverage: (10) Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence; and (11) Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

ALTA Short Form Residential Limited Coverage Junior Loan Policy (04-02-13)

This Policy insures the Insured as of Date of Policy against loss or damage, not exceeding the Amount of Insurance, as provided by and subject to the terms, Exclusions from Coverage and Conditions set forth in the ALTA Residential Limited Coverage Junior Loan Policy (08-01-12), all of which are incorporated by reference.

ALTA 9.10-06 Restrictions, Encroachment, Minerals-Current Violations-Loan Policy (04-02-13)

This endorsement to a Loan Policy insures against violations of covenants, encroachments on the Land from improvements, and damage to improvements by reason of mineral development.

ALTA Endorsement 12-06 (Aggregation - Loan Policy) (04-02-13)

This endorsement is also called the "tie-in," "cluster," or "spreader" endorsement. It is issued with a Loan Policy on commercial transactions. The Endorsement aggregates the Amount of Insurance on each Loan Policy listed in the endorsement. This endorsement to multiple Loan Policies results in one liability for all policies; it creates the same result as one Policy covering multiple sites. This endorsement is not designed to be issued with an Owner's Policy.

ALTA Endorsement 12.1-06 (Aggregation - State Limits - Loan Policy) (04-02-13)

This Aggregation Endorsement includes a “State Limit” in section 3b, which provides that if the Land is located in one of the states identified within the subsection, then the Aggregate Amount of Insurance is restricted. Additionally, the extent of liability of the Company for loss or damage under a policy containing this endorsement shall not exceed the Aggregate Amount of Insurance for the State where the Land is located. This endorsement is not designed to be issued with an Owner's Policy.

ALTA Endorsement 28.2-06 (Encroachments - Boundaries and Easements - Described Improvements) (04-02-13)

For the purposes of this endorsement, “Improvement” means each improvement on the Land or adjoining land at Date of Policy. This endorsement insures against loss or damage sustained by the Insured by reason of: (a) an encroachment of any Improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement, unless an exception in Schedule B of the policy identifies the encroachment; (b) an encroachment of any Improvement located on adjoining land onto the Land at Date of Policy, unless an exception in Schedule B of the policy identifies the encroachment; (c) enforced removal of any Improvement located on the Land as a result of an encroachment by the Improvement onto any portion of the Land subject to any easement, in the event that the owners of the easement shall, for the purpose of exercising the right of use or maintenance of the easement, compel removal or relocation of the encroaching Improvement; or (d) enforced removal of any Improvement located on the Land that encroaches onto adjoining land.

ALTA Endorsement 32.1-06 (Construction Loan - Loss of Priority - Direct Payment) (04-02-13)

This endorsement insures construction loan advances only to the extent that direct payment to the Mechanic's Lien claimant has been made by the Company or by the Insured with the Company's written approval. It does not insure against loss or damage by reason of any Mechanic’s Lien arising from services, labor, material or equipment: (a) furnished after Date of Coverage; or (b) to the extent that a Mechanic’s Lien claimant was not directly paid by the Company or by the Insured with the Company’s written approval.

ALTA Endorsement 32.2-06 (Construction Loan - Loss of Priority - Insured’s Direct Payment) (04-02-13)

This endorsement insures construction loan advances only to the extent that direct payment to the Mechanic’s Lien claimant has been made by the Insured or on the Insured’s behalf on or before Date of Coverage. It does not insure against loss or damage by reason of any mechanic’s lien arising from services, labor, material or equipment: (a) furnished after Date of Coverage; or (b) to the extent that the Mechanic’s Lien claimant was not directly paid by the Insured or on the Insured’s behalf. ALTA 32.2-06 does not require that the Company or its agent will be involved in disbursement of funds.

ALTA Endorsement 39-06 (Policy Authentication) (04-02-13)

This endorsement insures that the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions.

ALTA Endorsement 11.2-06 Mortgage Modification with Additional Amounts of Insurance (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of: (a) The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title as a result of the Modification; (b) the lack of priority of the lien of the Insured Mortgage over defects in or liens or encumbrances on the Title, (with exceptions, if any); (c) The failure of matters to be subordinate to the lien of the Insured Mortgage, (matters to be insured as subordinate should be specified, if any.)

ALTA Endorsement 41-06 (Water-Buildings) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of any Improvement resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B.

ALTA Endorsement 41.1-06 (Water-Improvement) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of any Improvement, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B.

ALTA 41.2-06 (Water-Described Improvements (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of any Improvement resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B.

ALTA Endorsement 41.3-06 (Water-Land Under Development) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of an Improvement or a Future Improvement, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of water excepted from the description of the Land or excepted in Schedule B.

ALTA Endorsement 42-06 (Commercial Lender Group) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of: (a) The invalidity or unenforceability of the lien of the Insured Mortgage caused by transfers after the Date of Policy of portions of the Indebtedness by the Participants; (b) Loss of priority of the lien of the Insured Mortgage, which loss of priority is caused by the transfers after the Date of Policy of portions of the Indebtedness by the Participants.

ALTA Endorsement 43-06 (Anti-Taint) (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the loss of priority of the lien of the Insured Mortgage, as security for the amount of the Indebtedness advanced as the Term Loan, resulting from reductions and subsequent increases of the outstanding principal amount of the indebtedness payable as the Revolving Credit Loan.

ALTA Endorsement 44-06 Insured Mortgage Recording (12-02-13)

This endorsement insures against loss or damage sustained by the Insured by reason of the failure of the Insured Mortgage to have been recorded in the Public Records as set forth in Section 3 of the Endorsement.

Any agent using AIM+ should contact PropertyInfo Customer Care to get the new forms implemented in their AIM+ system. For agents on any other software system, please contact your software provider.

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