71-1-310. Liability of title insurer or title insurance producer. A title insurer or title insurance producer who reconveys a trust indenture is liable to the beneficiary for damages suffered by the beneficiary as a result of the reconveyance if:

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Terms Used In Montana Code 71-1-310

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means the person named or otherwise designated in a trust indenture as the person for whose benefit a trust indenture is given or the person's successor in interest, who may not be the trustee. See Montana Code 71-1-303
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Title insurance producer: means a person who holds a valid title insurance producer's license and is authorized in writing by a title insurer to:

    (i)solicit title insurance business;

    (ii)collect rates;

    (iii)determine insurability in accordance with underwriting rules and standards of the insurer; or

    (iv)issue policies of the title insurer. See Montana Code 71-1-303

  • Title insurer: means an insurer formed and authorized under the laws of this state to transact the business of title insurance in this state or a foreign or alien insurer authorized to transact title insurance in this state. See Montana Code 71-1-303
  • Trust indenture: means an indenture executed in conformity with this part and conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or other person named in the indenture to a beneficiary. See Montana Code 71-1-303

(1)the obligation secured by the trust indenture is not fully paid;

(2)the title insurer or title insurance producer failed to comply with the provisions of 71-1-308; or

(3)the title insurer or title insurance producer acted with gross negligence or in bad faith in reconveying the trust indenture.