First American Title Insurance v. Department of Revenue

— This case concerns the appropriate gross income of a title insurer for purposes of Washington’s business and occupation (B&O) tax, Title 82 RCW, when an underwritten title company (UTC) sells a title insurance policy on behalf of that insurer. The question is whether the title insurer pays B&O tax on the entire premium, or on only that portion of the premium related to insurance. The Court of Appeals held in favor of the title insurer. We affirm.

FACTS

This case was submitted to the trial court and appealed on agreed stipulated facts. Briefly, First American Title Insurance Company (First…