DAR File No. 43781
This notice was published in the July 1, 2019, issue (Vol. 2019, No. 13) of the Utah State Bulletin.
Insurance, Title and Escrow Commission
Rule R592-6
Unfair Inducements and Marketing Practices in Obtaining Title Insurance Business
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 43781
Filed: 06/10/2019 05:07:37 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Subsection 31A-2-404(2) authorizes the Title and Escrow Commission to make rules for the administration of the Insurance Code related to title insurance, including rules related to standards of conduct for a title insurer, agency, or producer.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
In 2015, the Insurance Department (Department) amended this rule at the behest of the Title and Escrow Commission. The Department received two industry comments during the public comment period. While both were supportive of making changes to this rule, one thought the changes went too far, and the other thought they didn't go far enough. The Title and Escrow Commission discussed these comments at its August 2015 meeting, noting that the parties who submitted the comments were part of the process to create the amendments. The commission decided, with a vote of 5-0, to make the rule effective.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule provides guidance to title agents and agencies regarding the actions that are considered to be unfair inducements and unfair marketing practices. This rule is meant to maintain fair competition among licensees and to protect insurance consumers against unfair practices used to obtain their business. The Title and Escrow Commission directed that this rule should be continued by a vote of 4-0 at its 05/28/2019 meeting.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
InsuranceTitle and Escrow Commission
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov
Effective:
06/10/2019
Authorized by:
Steve Gooch, Information Specialist
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.