20-1587. Personal or controlled insurance

A. As used in this article " personal or controlled insurance" means a policy of title insurance where the insured or one of the insureds under such policy is, or the loss thereunder is payable to:

1. The title insurer issuing such policy for its own benefit rather than as a fiduciary, or

(a) Any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in such title insurer, or

(b) Any corporation which is directly or indirectly controlled by a person who also directly or indirectly owns or controls the title insurer, or

(c) Any corporation making consolidated returns for United States income tax purposes with such title insurer or with any corporation which controls or is under common control with such title insurer.

2. The title insurance agent issuing such policy, for his own benefit rather than as a fiduciary, or

(a) Any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in such agent, or

(b) Any corporation which is directly or indirectly controlled by a person who also controls the title insurance agent, or

(c) Any corporation making consolidated returns for United States income tax purposes with the agent or any corporation which controls or is under common control with the agent.

B. If the fees and charges received in any one calendar year by a title insurer or by a title insurance agent for personal or controlled insurance from any single source shall exceed twenty-five per cent, or for personal or controlled insurance from all sources shall exceed fifty per cent, of the total fees and charges received by such title insurer or by such title insurance agent for title insurance issued in the same year in this state, the excess shall be deemed to be unlawful rebate.