No, a Title Agency or individual producer cannot use an Underwriter's authority to sell title insurance unless that agency or individual producer is an employee of the Underwriter and the Underwriter also acts as an agency in the state it is doing business in. 1. A Title Insurance AGENT is the business who acts in behalf of an Underwriter. 2. A Title Insurance COMPANY/UNDERWRITER is the company who issues title insurance. Example: John Doe decided to open a Title Agency, but in order to do that, he must sign an agency agreement with an Underwriter to act as an agent for that underwriter. Once the agreement is in place and all conditions of the agreement have been met, John Doe may now go solicit business for that Underwriter under his newly created Title Agency. Can he sell title insurance in behalf of the underwriter without being licensed? The answer is yes and no. Some states require that a Title Agency and its principal (primary owner) be licensed specifically for title insurance. Other states have no licensing requirements to operate as a Title Agency. The best 2 resources to find out what your State requires for agency licensing are: 1. Department of Insurance (in your state) 2. Title Insurance Underwriter authorized to do business in your state
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