(a) A title insurance producer may not use or accept the services of a title insurance producer independent contractor unless the title insurance producer independent contractor:
(1) holds an appointment with the title insurer with which the contract of title insurance may be placed; and
(2) is covered under the title insurance producer’s:
(i) blanket fidelity bond; and
(ii) blanket surety bond or letter of credit.
(b) (1) A title insurance producer that uses the services of a title insurance producer independent contractor is:
(i) the legal principal of the title insurance producer independent contractor; and
(ii) liable for all actions of the title insurance producer independent contractor, including unintentional conduct, that occurs within the scope of the title insurance producer’s independent contractor’s employment.
(2) When a mortgage or deed of trust is executed in a transaction in which a title insurance producer independent contractor is acting for or on behalf of a title insurance producer, there shall be included on or with the recorded mortgage or deed of trust the name, address, and license number of the title insurance producer independent contractor and the title insurance producer for which the title insurance producer independent contractor is acting.
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