Bulletin: OH2019003

Dear Associates:

The Ohio Title Insurance Rating Bureau has approved the following revised Forms and Rates for use in Ohio, effective September 1, 2019:

New FORMS filed:

• ALTA Endorsement 3.3-06 Zoning - Completed Improvement-Non-Conforming Use Adopted 12-01-2018
• ALTA Endorsement 3.4-06 Zoning - No Zoning Classification Adopted 12-01-2018
• ALTA Endorsement 18.3-06 Single Tax Parcel and ID Adopted 12-01-2018

New RATE/RULES Filed:           

ER-3.3 OTIRB OH-3.3 ZONING - COMPLETED IMPROVEMENT - NON-CONFORMING USE (ALTA FORM 3.3)

This endorsement, subject to its terms and conditions, insures the insured under an Owner’s Policy or Loan Policy against loss or damage resulting from 1.) an identified non-conforming use not being allowed by the municipality or county because the non-conforming use violates a zoning ordinance; and 2.) a final decree of a court of competent jurisdiction either prohibiting the non-conforming use or requiring the removal or alteration of the Improvement because, at Date of Policy, the non-conforming use violates a zoning ordinance with respect to any of the following matters:  i. the area, width, or depth of the Land as a building site for the Improvement; ii. the floor space area of the Improvement; iii. a setback of the Improvement from the property lines of the Land; iv. the height of the Improvement; or v. the number of parking spaces.

The rate for this endorsement is twenty-five percent (25%) of the Original Rate and is in addition to the policy premium.

If this endorsement is issued simultaneously with Owner’s and Loan Policies covering the same land, the rate for the Owner’s Policy endorsement shall be the original endorsement rate based on the amount of the policy issued and the rate for the Loan Policy endorsement shall be fifty percent (50%) of the original rate based on the amount of the policy issued.

If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9, or PR-10, and either an ALTA 3.1, ALTA 3.2, ALTA 3.3, or an ALTA 3.4 endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement.

If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same land, the Rate for the Fee Owner’s Policy endorsement shall be the Applicable Rate based on the amount of the policy issued and the Rate for the Leasehold Owner’s Policy endorsement shall be fifty percent (50%) of the Applicable Rate based on the amount of the policy issued. 

ER-3.4 OTIRB OH-3.4 ZONING - NO ZONING CLASSIFICATION (ALTA FORM 3.4)

This endorsement, subject to its terms and conditions, insures the insured under an Owner’s Policy or Loan Policy against loss or damage resulting from 1.) an identified use not being allowed by the municipality or county because the use violates a zoning ordinance; and 2.) a final decree of a court of competent jurisdiction either prohibiting the use or requiring the removal or alteration of the Improvement because, at Date of Policy, the use violates a zoning ordinance with respect to any of the following matters:  i. the area, width, or depth of the Land as a building site for the Improvement; ii. the floor space area of the Improvement; iii. a setback of the Improvement from the property lines of the Land; iv. the height of the Improvement; or v. the number of parking spaces.

The rate for this endorsement is twenty-five percent (25%) of the Original Rate and is in addition to the policy premium.

If this endorsement is issued simultaneously with Owner’s and Loan Policies covering the same land, the rate for the Owner’s Policy endorsement shall be the original endorsement rate based on the amount of the policy issued and the rate for the Loan Policy endorsement shall be fifty percent (50%) of the original rate based on the amount of the policy issued.

If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9, or PR-10, and either an ALTA 3.1, ALTA 3.2, ALTA 3.3, or an ALTA 3.4 endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement.

If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same land, the Rate for the Fee Owner’s Policy endorsement shall be the Applicable Rate based on the amount of the policy issued and the Rate for the Leasehold Owner’s Policy endorsement shall be fifty percent (50%) of the Applicable Rate based on the amount of the policy issued. 

ER-18.3 OTIRB OH-18.3 SINGLE TAX PARCEL AND ID (ALTA FORM 18.3)

This endorsement can be issued with an Owner’s Policy or a Loan Policy and insures against loss or damage sustained by the Insured by reason of:  1.) the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes; or 2.) any portion of the Land not being assessed for real estate taxes under an identified tax identification number.

The rate for this endorsement is $50.

The following ALTA forms have been REVISED:

• ALTA Endorsement 3.1-06 (Zoning - Completed Structure) Revised 10-22-09
• ALTA Endorsement 15-06 (Nonimputation - Full Equity Transfer) Adopted 6-17-06
• ALTA Endorsement 15.1-06 (Nonimputation - Additional Insured) Adopted 6-17-06

Technical corrections have been made to the following ALTA Endorsements (Note: The substance of the forms has not changed):

• ALTA Endorsement 9-06 (restrictions, Encroachments, Minerals - Loan Policy) Revised 04-02-2012 Technical Correction 08-01-201612-01-2018
• ALTA 32-06 (Construction Loan) Adopted 02-03-2011 Technical Correction 12-01-2018
• ALTA Endorsement 32.1-06 (Construction Loan - Direct Payment) Revised 04-02-2013 Technical Correction 12-01-2018
• ALTA Endorsement 32.2-06 (Construction Loan-Insured’s Direct Payment) Adopted 08-01-2012 Revised 04-02-2013 Technical Correction 12-01-2018

The following RATE/Rules have been REVISED as shown:

ER-3.1 OTIRB ENDORSEMENT OH-3.1  ZONING - COMPLETED STRUCTURE (ALTA FORM 3.1)

This Endorsement provides the insured under a Loan Policy or Owner’s Policy the identical coverage as provided in the OH-3 Zoning Endorsement and, in addition, provides coverage against forced removal or alteration of any structure because of a final court order finding that the applicable zoning ordinances have been violated with respect to:  (i) area, width or depth of land as a building site; (ii) floor space area; (iii) building setback; (iv) height of the structure or (v) number of parking spaces. The rate for this endorsement is twenty-five percent (25%) of the Original Rate and is in addition to the policy premiums. If Zoning Form 3.1 coverage is provided simultaneously with Owner’s and Loan Policies covering the same land, the rate for the Owner’s coverage shall be the original endorsement rate for the policy issued and the rate for the Loan coverage shall be fifty percent (50%) of the original endorsement rate for the policy issued.

If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9, or PR-10, and either an ALTA 3.1, ALTA 3.2, ALTA 3.3, or an ALTA 3.4 endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement.

If this endorsement is issued simultaneously with Owner’s and Loan Policies covering the same land, the rate for the Owner’s Policy shall be the Applicable Rate based on the amount of the policy issued and the rate for the Loan Policy shall be fifty (50%) percent of the Applicable Rate based on the amount of the policy issued.

If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same land, the Rate for the Fee Owner’s Policy shall be the Applicable Rate based on the amount of the policy issued and the rate for the Leasehold Owner’s Policy shall be fifty (50%) percent of the Applicable Rate based on the amount of the policy issued.

If this endorsement is issued for an Owner’s Policy or Loan Policy where an ALTA 3.2 Zoning - Land Under Development endorsement was previously issued with such policy or policies, then the rate for this endorsement shall be seventy percent (70%) of the Original Rate for this endorsement based on the amount of the policy.

ER-3.2 OTIRB OH-3.2 ZONING - LAND UNDER DEVELOPMENT (ALTA FORM 3.2)

This endorsement, subject to its terms and conditions, provides the insured under a Loan Policy or an Owner’s Policy with the same coverage as is provided in the OH-3.1 Zoning - Completed Structure endorsement and, in addition, provides coverage for compliance of proposed improvements as shown on site and elevation plans, provided the proposed improvements are built or constructed according to those plans.  

The rate for this endorsement is twenty-five percent (25%) of the Original Rate and is in addition to the policy premium.  

If this endorsement is issued simultaneously with Owner’s and Loan Policies covering the same land, the rate for the Owner’s Policy endorsement shall be the original endorsement rate based on the amount of the policy issued and the rate for the Loan Policy endorsement shall be fifty percent (50%) of the original endorsement rate based on the amount of the policy issued.

If this endorsement is issued in conjunction with a new policy which new policy qualifies for a policy reissue rate or refinance rate under Rate Rule PR-4, PR-9, or PR-10, and either an ALTA 3.1, ALTA 3.2, ALTA 3.3, or an ALTA 3.4 endorsement was also issued in conjunction with the prior policy, then the rate for this endorsement will also be seventy percent (70%) of the Original Rate for this endorsement.

If this endorsement is issued simultaneously with Fee Owner’s and Leasehold Owner’s Policies covering the same land, the Rate for the Fee Owners’ Policy endorsement shall be the Applicable Rate based on the amount of the policy issued and the Rate for the Leasehold Owner’s Policy endorsement shall be fifty percent (50%) of the Applicable Rate based on the amount of the policy issued.

The new, revised, and corrected forms, and new Rate Manual are attached below.

Agents please contact PropertyInfo Customer Care or your title production software vendor to get the new rates/forms changes implemented in your system.  

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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