TITLE 41

INSURANCE

CHAPTER 5

KINDS OF INSURANCE — LIMITS OF RISK — REINSURANCE

41-508.  "Title insurance" defined. (1) "Title insurance" is the certification or guarantee of title or ownership, or insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title. This definition shall not be deemed to apply as to the business of preparing and issuing abstracts of, but not certifying, guaranteeing, or insuring, title to or ownership of property or certifying to the validity of documents relative to such title.

(2)  A title insurer may also insure:

(a)  The identity, due execution, and validity of any note or bond secured by mortgage or deed of trust; and

(b)  The identity, due execution, validity and recording of any such mortgage or deed of trust.

History:

[41-508, added 1961, ch. 330, sec. 117, p. 645.]