May 2010 Vol. 3, No. 4
 

Underwriters' Bulletin

Procedural Updates

ATG Requires Co-Exam Approval to Issue

10-20-10 NOTE: This update is no longer current, see October 2010 article

A co-exam is a procedure in which a member of the ATG Underwriting Department reviews a commitment, policy, and/or Date Down Endorsement, before you issue it, to see that it is properly drafted. If the underwriter identifies problems or concerns, the underwriter may request revisions. Once a commitment, policy, or endorsement meets ATG underwriting guidelines, the underwriter will provide approval to issue. Co-exams are required, in some cases by ATG Regulations, in the following situations:

  1. Where the Amount of Insurance on the commitment, policy, or Date Down Endorsement is $3 million or more. ATG Admin. Reg. 4B. In this case, you must obtain written authorization to issue the commitment or policy from both the ATG Underwriting Department and ATG's reinsurer.

    2.  

  2. Where you seek to establish or administer a construction loan escrow as a title insurance agent of ATG for purposes of disbursing mortgage proceeds, issuing interim title insurance coverage endorsements, or insuring against unrecorded mechanics' liens due to new construction. ATG Admin. Reg. 5A. ATG maintains a list of members approved to issue Mortgagee Construction Policies, and members approved to handle construction loan escrows. Members not on that approved list must have written approval to issue construction commitments, policies, and each Construction Loan Disbursement Endorsement. To begin the approval process, please contact the Underwriting Department.

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  3. Where you intend to issue a master policy, or otherwise insure all or substantially all the real estate that is included in a proposed or existing condominium declaration or plat of subdivision. ATG Admin. Reg. 5B. In addition to the other materials required for a co-exam (see below), please submit to the Underwriting Department a copy of the plat of condominium or subdivision, and declaration of condominium or covenants, conditions, and restrictions, and any other exhibits relating to the plat and declaration. This co-exam requirement does not apply if you have a prior policy insuring land that is a part of the condominium or subdivision with an effective date after the time the plat was recorded.

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  4. Where you intend to write a commitment, policy, or Date Down Endorsement on land in which you have a direct or indirect interest. ATG Admin. Reg. 5C. In that instance, you may sign the commitment, policy, or Date Down Endorsement once you have received written approval. You need not send us the original jacket or Schedules for this approval process.

For all the above situations, contact the ATG Underwriting Department for a co-exam and approval to issue. When a co-exam is required, be sure to plan additional time in your commitment preparation process. When you have drafted the commitment, send the following documents to the ATG Underwriting Department for co-exam:

  1. Copy of the proposed commitment or policy;

    2.  

  2. Prior title evidence, if any. See the Rate Card for instructions on what constitutes prior title evidence;

    3.  

  3. Survey, if any; and

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  4. Search notes, or search results from your search provider. Copies of documents in the chain of title are not necessary unless specifically requested by the underwriter.

Please contact the ATG Underwriting Department,legal@atgf.com, 217.403.0020, or 312.752.1990, if you have a commitment requiring a co-exam, or if you have any questions about this procedure. For access to ATG forms, Regulations, and past notices sent to ATG members, check the ATG website at www.atgf.com.Contact usif you need your user name and password access.

© ATG|Casenotes/Bulletin 1005_v3n4

[Last update: 5-27-10]

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