What matters must be disclosed in title commitments and title insurance policies?
The Department views this matter as an underwriting decision and will only provide statutory guidance. Please be advised that the Department interprets the minimum search requirements of Ark. Code Ann. § 23-103-408, the policyholder rights and disclosures of Ark. Code Ann. § 23-103-413, and Rule 87 to provide disclosure guidelines but not limitations of policy disclosures. The disclosure of defects in title must be in accordance with the insurance code. Specifically, in making a determination, agents and insurers must ensure compliance with Ark. Code Ann. § 23-103-413(a)(2) which provides that the title commitment and title policy are meant to be a written representation of all liens, defects, and encumbrances affecting title to the land that are filed of record; and Ark. Code Ann.
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