- (a) No title insurance policy or application form when written application is required and is to be made part of the policy shall be issued, delivered, or used as to a subject of insurance located in this state unless the form has been filed by the title insurer with and approved by the Insurance Commissioner in accordance with Arkansas Code § 23-79-109.
- (b) Every title insurance report or policy shall be executed in the name of and on behalf of the title insurer by its officer, attorney-in-fact, or employee and countersigned by a licensed title insurance agent affiliated with a licensed title insurance agency and authorized by the insurer.
- (c) A facsimile or electronic signature of any executing individual may be used in lieu of an original signature.
- (d) The license number of the title insurance agent countersigning a title insurance report or policy shall be printed or legibly written beneath the title insurance agent’s signature.
- (e) The printed names and license numbers of the title insurance agency and the affiliated title insurance agent authorized to issue the report or policy on behalf of the title insurer shall appear on all reports and policies issued by the title insurance agency.
- (f) Any title insurance policy issued and otherwise valid that contains any condition or provision not in compliance with the requirements of the Arkansas Insurance Code shall not be rendered invalid, but shall be construed and applied with such conditions and provisions as would have applied had the policy been in full compliance with the Arkansas Insurance Code.
- (g) The review, approval, disapproval, and withdrawal of any prior approval by the Insurance Commissioner of any title insurance policy form shall be done in accordance with Arkansas Code § 23-79-109, Arkansas Code § 23-79-110, and Arkansas Code § 23-61-301 et seq.