act-1929-0-362•Pennsylvania Act 1929-362 — TITLE INSURANCE COMPANIES MUST MAINTAIN A RESERVE
Pennsylvania Act 1929-362 — TITLE INSURANCE COMPANIES MUST MAINTAIN A RESERVE
act-1929-0-3621929 Pa. Act 362Law
Act text
TITLE INSURANCE COMPANIES MUST MAINTAIN A RESERVE
Act of Apr. 26, 1929, P.L. 834, No. 362 Cl. 40
AN ACT
Requiring all title insurance companies to create and maintain a
reserve; fixing the amount thereof, and regulating the same.
Section 1. Insurance Reserve.--
(a) Reserve Fund Required.--Be it enacted, &c., That all
companies heretofore or which may hereafter be incorporated for
the insurance of owners of real estate, mortgages, and others
interested in real estate, from loss by reason of defective
titles, liens, and encumbrances, as well as all title insurance
and trust companies receiving deposits, heretofore incorporated
and authorized by charter or by law to carry on said business,
shall, from and after the approval of this act, establish and
maintain a reserve fund for the protection of policy holders, in
the manner herein provided.
(b) Establishment and Maintenance of Fund.--Said reserve
shall be established by setting aside a sum equal to ten per
cent of the premium (that is the sum charged for insurance over
and above examination and settlement fees) paid on each policy
of insurance which such company may hereafter issue, until the
total amount set aside shall equal two hundred and fifty
thousand dollars: Provided, That the said total reserve fund
may, with the consent of the secretary, be set aside at any one
time, or from time to time, out of surplus and undivided
profits. Said ten per cent of each premium shall be known as the
reserve, and the aggregate of said reserves of all policies
issued and outstanding shall be known as the reserve fund. The
reserve fund shall be maintained as herein provided so long as
liability on any policies shall be outstanding.
(c) Custody, Supervision by Secretary.--The custody of said
reserve fund shall be retained by the company, and the fund
shall be kept separate and apart from other assets of the
company in the manner hereinafter provided. The secretary is
hereby required, from time to time, to make investigation to
ascertain that a reserve fund equal to the amount required by
clause (b) of this section is so maintained. Should any company
neglect or refuse to establish or maintain such reserve fund, as
herein provided, the secretary shall, by an order under his hand
and seal of office, direct said company either to comply with
the provisions of this section or to discontinue doing a title
insurance business.
(d) Investment of Reserve Fund.--Said title insurance
reserve fund shall be invested by such companies in first
mortgage or other securities designated by law as legal
investments for trust funds, and such investment of any
accumulated reserve shall be made whenever such accumulation
shall amount to one thousand dollars.
Said mortgages or other such securities so held shall be
carried at cost price, but in no case at more than market price,
and, in case there shall be a depreciation in the market price
of any such securities, such company shall make good any such
depreciation by the addition of other legal investments, so that
the said fund may always be maintained at the full amount
required by clause (b) of this section. Such companies shall
have the right to withdraw from said fund any mortgages or other
securities so held therein, by crediting the fund the amount at
which such mortgages or securities are valued therein, provided
there are immediately substituted therefor other first mortgages
or other securities designated by law as legal investments for
trust funds.
The securities constituting a reserve fund shall be ear-
marked and kept separate and apart from the other assets of the
company. The income of the reserve fund shall become part of the
general assets of the company.
(e) Cancellation of Policy.--Whenever any policy of title
insurance hereafter issued is surrendered by the holder,
cancelled, or liability thereon completely discharged, the
reserve therefor may be withdrawn or credited against reserves
that may be due.
(f) Reserve Fund to Be a Trust Fund.--It is the intent and
purpose of this section that the reserve fund hereby directed to
be set aside shall constitute a separate and distinct trust fund
for the protection of policy holders, and shall not be subject
to distribution among depositors or other creditors, until all
policy holders have been paid in full, or the liability on the
policies contingent or actual has been completely discharged.
(g) Reinsurance by Secretary.--In the event of the
secretary's taking possession of and winding up any company, the
secretary is authorized, if it shall seem advisable and
practicable to him, to use the reserve fund to purchase
reinsurance for the liabilities represented by the policies
outstanding against such fund. Acceptance of the policy of the
reinsuring company shall operate as a complete discharge of
liability under the policy of the insolvent company. Should any
policy holder refuse to accept the policy of the reinsuring
company, he shall only be entitled to receive the pro rata
portion of his reserve that shall remain upon distribution, as
set forth in clause (h) of this section.
(h) Distribution of Reserve Fund.--The reserve fund in the
custody of the secretary shall be liable only to the following
claims:
One. To pay all outstanding claims of indemnity that have
arisen by virtue of any policies of insurance.
Two. For the purchase of reinsurance to indemnify and
protect the remaining outstanding policies.
Three. To distribute among policy holders, upon cancellation
of their policies, the proportionate share of the reserve fund
to which they are entitled, which shall in no case exceed the
proportion which the premium paid for any such policy may bear
to the whole amount of title insurance then outstanding.
Section 2. The word "secretary," whenever and wherever used
in this act, means the Secretary of Banking of the Commonwealth
of Pennsylvania.
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