Legal Opinion

Opn. No.

New York Attorney General Reports

Decided July 7, 1983Published

1Opinion of the Court

Honorable James P. Corcoran Superintendent Insurance Department

Your counsel has asked whether a title abstract corporation is engaging in the title insurance business where its title reports contain provisions "guaranteeing" or "certifying" the subscriber against all loss not in excess of a specified amount by reason of the corporation's failure to report any recorded lien or encumbrance for which a search has been made and offering to increase that amount upon payment of an additional "fee".

Insurance Law, § 40 prohibits the doing of an insurance business in the State unless authorized by a…

2Cases cited6 opinions

  1. L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1979
  2. In re FeinsteinNew York Court of Appeals · 1975
  3. Ehmer v. . Title Guarantee Trust Co.New York Court of Appeals · 1898
  4. Electronic Realty Associates, Inc. v. LennonNew York Supreme Court · 1978
  5. People ex rel. Daily Credit Service Corp. v. MayAppellate Division of the Supreme Court of the State of New York · 1914

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