40 Pa. Stat. § 910-17

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 910-17 - Use of the unearned premium reserve
(a) If a title insurance company becomes insolvent, or is in the process of liquidation or dissolution, or in the possession of the Insurance Commissioner:
(1) Such amount of the assets of such title insurance company equal to the unearned premium reserve as is necessary, shall be used, with the written approval of the commissioner, to pay for reinsurance of the outstanding liability of such title insurance company upon all in-force policies or contracts or reinsurance agreements of title insurance, as to which claims for losses by the holders are not then pending, the balance, if any, of the unearned premium reserve fund then to be transferred to the general assets of the title insurance company;
(2) The assets other than the unearned premium reserve shall be available to pay claims for losses sustained by holders of policies then pending or arising up to the time reinsurance is affected. In the event that claims for losses are in excess of such assets of the title insurance company, claims shall be paid out of the assets attributable to the unearned premium reserve.
(b) In the event that reinsurance is unavailable, the unearned premium reserve and assets constituting minimum capital, or so much as remains thereof after outstanding claims have been paid, shall constitute a trust fund to be held by the commissioner for twenty years, out of which claims of policyholders shall be paid as they arise. The balance, if any, of such fund shall, at expiration of twenty years, revert to the general assets of the title insurance company, after reasonable charges for administration of the fund have been charged against the balance by the commissioner.
(c) The commissioner shall also have the authority to enter into a contract with one or more title insurance companies to reinsure all the obligations under outstanding policies of such title insurance company in accordance with their terms, covenants and conditions, the cost of said reinsurance to be paid out of the assets of such title insurance company.

40 P.S. § 910-17

1921, May 17, P.L. 682, art. VII, § 717, added 1963, Aug. 14, P.L. 922, § 3.