SECTION
32 - CONTINUATION OF INSURANCE
In addition to the
provisions providing for Continuation of Insurance After Conveyance
of Title contained in the ALTA owner's policy, or the provisions providing
for Continuation of Coverage in the TIRSA Owner's Extended Protection
Policy (TOEPP), and subject to any rights or defenses which an insurer
would have had against the named insured, an insurer shall have continuing
liability, under an owner's policy issued by said insurer, on or after
January 28, 1999, to a grantee of an insured, without endorsement of
the policy, but only as of its original date without liability as to
the validity, form and sufficiency of the instrument(s) effectuating
the said transfer, and only under the following conditions, as applicable:
- If an insured
title is transferred:
- from a
parent company to a wholly-owned subsidiary company; from a
wholly-owned subsidiary company to its parent company; from
one company to another, each of which are wholly-owned subsidiaries
within one corporate group, or each of which have identical
stockholders, partners, or members in identical proportion;
by a corporation to its stockholders pursuant to a plan of liquidation;
by the named insured individual or individuals in exchange for
all of the capital stock of a corporation; from a partnership
to its partners upon the dissolution of the partnership; by
the named insured individual or individuals to a partnership
as part of the named insured's capital contribution to the partnership;
from a limited liability company to its members upon the dissolution
of the limited liability company; or by the named insured individual
or individuals to a limited liability company as part of the
named insured's capital contribution to the limited liability
company; provided that as a result of any transfer described
above there is no change in the beneficial ownership as the
result of such transfer of title, and further provided that
any transfer described above is made for no consideration. Company
as used in this paragraph is defined as a corporation, partnership,
or limited liability company.
- to a member
of the named insured's immediate family as a gift, for no consideration.
For the purpose of this section, immediate family is limited
to the spouse, "issue" as that term is defined in
the New York Estates, Powers and Trust Law, parents, brothers
and sisters (but not the issue of brothers and sisters) of the
named insured
- for no
consideration to a trust created by the named insured in which
all of the beneficiaries, lifetime and remainder, are either
the insured or members of the insured's immediate family as
defined in subsection (b) above.
- Consideration
for purposes of subsections (a), (b) and (c) above shall exclude
the value of any lien or encumbrance remaining on the land or interest
thereon at the time of the transfer.
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