State-Specific Policy Variations

Real Estate Practices by State
Real Estate Practices by Practice
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R.E.P. by Practice (Answer)
V 1

Alabama State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Alaska State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Arizona State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

The policies are the same. Please consult a local underwriter for information relating to any special endorsements that may be offered in the state.


R.E.P. by Practice (Answer)
V 1

Arkansas State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

California State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

ALTA Policies are used unchanged. The CLTA Policy is also available.


R.E.P. by Practice (Answer)
V 1

Colorado State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Connecticut State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Delaware State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

District of Columbia State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

The arbitration provision must be deleted from all policies.


R.E.P. by Practice (Answer)
V 1

Florida State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

1. Arbitration is only permitted if both the insurer and insured agree.
2. Affirmative coverage is prohibited.


R.E.P. by Practice (Answer)
V 1

Georgia State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

There are no variations on the policy forms used in Georgia. We use the ALTA Homeowner Policy and ALTA Short Form Residential Loan Policy. We use the ALTA 2006 Long Form Owner and Loan Policies.


R.E.P. by Practice (Answer)
V 1

Hawaii State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None in Hawaii for Stewart policies and ALTA policies are used, except that an arbitration endorsement (found on Virtual Underwriter HI forms titled HI Arbitration Endorsement 1) must be attached to all ALTA 2006 policies.


R.E.P. by Practice (Answer)
V 1

Idaho State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

There is no change to the ALTA policies required by the state.


R.E.P. by Practice (Answer)
V 1

Illinois State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Indiana State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Iowa State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Not applicable.


R.E.P. by Practice (Answer)
V 1

Kansas State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Deletion of Arbitration Clause Endorsement is required.


R.E.P. by Practice (Answer)
V 1

Kentucky State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

No state-specific changes required.


R.E.P. by Practice (Answer)
V 1

Louisiana State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Any requirement of Arbitration in an insurance policy is not enforceable in Louisiana.


R.E.P. by Practice (Answer)
V 1

Maine State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Maryland State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Massachusetts State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Michigan State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Minnesota State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None required.


R.E.P. by Practice (Answer)
V 1

Mississippi State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Missouri State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Mandatory arbitration is prohibited in Missouri. The filed Arbitration Endorsement should be included with each policy.

"Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed."


R.E.P. by Practice (Answer)
V 1

Montana State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Nebraska State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Nevada State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

No state specific alterations.


R.E.P. by Practice (Answer)
V 1

New Hampshire State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

New Jersey State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

No.


R.E.P. by Practice (Answer)
V 1

New Mexico State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Unilateral exercise of mandatory arbitration clause contained within ALTA policy forms has been found unconstitutional under NM case law. Arbitration clauses from ALTA policy forms are amended by a narrative note in Schedule B of the policy which states: "In compliance with Subsection D of 13.14.18.10 NMAC, the company hereby waives its right to demand arbitration pursuant to the title insurance arbitration rules of the American arbitration association. Nothing herein prohibits the arbitration of all arbitrable matters when agreed to by both the company and the insured." Otherwise, New Mexico has adopted the ALTA 2006 owner's and loan policy forms as its promulgated forms.


R.E.P. by Practice (Answer)
V 1

New York State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

TIRSA 2006 ALTA policy and endorsements only as approved by the New York State Department of Financial Services and in the TIRSA Rate Manual.


R.E.P. by Practice (Answer)
V 1

North Carolina State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

ALTA policies and endorsements are filed with the NC Department of Insurance and are the approved forms for use in NC.


R.E.P. by Practice (Answer)
V 1

North Dakota State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Ohio State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Ohio has state specific forms that are promulgated by the Ohio Title Insurance Rating Bureau. Since many of the "built in" coverages of the various policies are rated endorsements/coverages, these are made optional through a "check the box" inclusion.


R.E.P. by Practice (Answer)
V 1

Oklahoma State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

“Taxes for the year ______, the amount of which is not ascertainable or payable.”

“Statutory Section Line Road Easements in favor of the State of Oklahoma, where applicable.”


R.E.P. by Practice (Answer)
V 4

Oregon State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

As of February 15, 2018, the arbitration paragraph no longer appears in OTIRO Owner’s Policy or Loan Policy forms.


R.E.P. by Practice (Answer)
V 1

Pennsylvania State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

PA policies are a modified version of the 2006 ALTA policies; PA has omitted survey coverage from the policy and requires such coverage to be purchased by endorsement.


R.E.P. by Practice (Answer)
V 1

Rhode Island State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

There are no state specific changes to the provisions in American Land Title Association policies.


R.E.P. by Practice (Answer)
V 1

South Carolina State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

South Dakota State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Tennessee State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

There are no state-specific requirements for issuing ALTA Policies.


R.E.P. by Practice (Answer)
V 1

Texas State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Texas forms, policies, commitments, binders and endorsements are promulgated by the Insurance Commissioner. After May 1, 2008, they are essentially the ALTA forms with minor variations.

By law, Texas title insurance policies may not insure marketable title.
Texas policies insure good and indefeasible title.
Texas policies insure against mechanic’s liens with an inception on or before Date of Policy.
Texas policies require specific responses if a claim is made.
Texas policies do not provide mandatory arbitration if the insured is a natural person.


R.E.P. by Practice (Answer)
V 1

Utah State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

There is no change to the ALTA policies required by the state.


R.E.P. by Practice (Answer)
V 1

Vermont State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Virginia State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

Washington State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

None.


R.E.P. by Practice (Answer)
V 1

West Virginia State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Must delete arbitration and modify payment provision.


R.E.P. by Practice (Answer)
V 1

Wisconsin State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

N/A


R.E.P. by Practice (Answer)
V 1

Wyoming State-specific Policy Variations

R.E.P. Topic by State (Question)

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

There is no change to the ALTA policies required by the state.