HRS §431:20-113
Title insurance underwriting and record keeping
This section says title insurers must check property records before issuing a title insurance policy and keep proof of that check for at least fifteen years. They can keep copies instead of originals. It also says they must list any recorded liens or interests on the policy, unless state rules allow otherwise.
businesses
The statute, as written — Underwriting standards and record retention
(a) No title insurance policy may be written unless and until the title insurer has caused to be conducted a reasonable search and examination of the title, and has caused to be made a determination of insurability of title in accordance with sound underwriting practices. Evidence of the examination of title and determination of insurability shall be preserved and retained in the files of the title insurer for a period of not less than fifteen years after the title insurance policy has been issued. Instead of retaining the original evidence, the title insurer may, in the regular course of business, establish a system whereby all or part of the evidence is recorded, copied or reproduced by any process that accurately and legibly reproduces or forms a durable medium for reproducing the contents of the original. This subsection shall not apply to: (1) A title insurer assuming liability through a contract of reinsurance; or (2) A title insurer acting as co-insurer if one of the other co-insuring title insurers has complied with this section. (b) Except as allowed by regulations promulgated by the commissioner, no title insurer shall knowingly issue any title insurance policy or commitment to insure without showing all outstanding, enforceable recorded liens or other interests against the property title to which is to be insured.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.