44-1991. Diversification requirement.

(1) Without the prior written approval of the director, a domestic title insurer shall not accept:

(a) Additional title insurance business from a title insurance agent that is not affiliated with the title insurer if, when added to other title insurance business written through the title insurance agent during the same calendar year, that title insurance agent's aggregate premiums written on behalf of the title insurer will exceed twenty percent of the title insurer's gross premiums written during the prior calendar year as shown on the title insurer's most recent annual statement on file with the director; or

(b) Additional direct operations from a single source if, when added to other direct operations from the single source during the same calendar year, the aggregate premiums written on the direct operations of the single source will exceed twenty percent of the title insurer's gross premiums written during the prior calendar year as shown on the title insurer's most recent annual statement on file with the director. For purposes of this section, single source means a person that refers title insurance business to the title insurer and any other person that controls, is controlled by, or is under common control with that person.

(2) In determining whether prior approval may be given, the director shall consider:

(a) The potential that the acceptance of more title insurance business from the title insurance agent or source may adversely affect the financial solidity of the title insurer;

(b) The availability of competing title insurance agents or additional sources in the territories in which the title insurer accepts risks;

(c) The number of years the title insurer has been in business;

(d) Reinsurance arrangements mitigating the concentration of title insurance business from the title insurance agent or single source;

(e) The comparative profitability of the title insurance agent's or single source's book of title insurance business;

(f) The degree of oversight of the title insurance agent's operations exercised by the title insurer; and

(g) Any other circumstances deemed by the director to be appropriate.

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