STATE, DIV. OF INS. v. NORWEST CORP.

No. 20239.

581 N.W.2d 158 (1998)

1998 SD 61

STATE of South Dakota, DIVISION OF INSURANCE, Plaintiff and Appellee, and The South Dakota Land Title Association, Inc., Intervenor and Appellee, v. NORWEST CORPORATION, Norwest Mortgage, Inc., and American Land Title Company d/b/a ATI Title Company, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 24, 1998.


Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Timothy E. Reilly, Asst. Atty. Gen., Division Counsel, South Dakota Division of Insurance, Jeffrey

P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee State Division of Insurance.

Mark A. Moreno of Schmidt, Schroyer & Moreno, Pierre, for intervenor and appellee South Dakota Land Title.

Timothy M. Engel of May, Adam, Gerdes & Thompson, Pierre, for defendants and appellants.


MILLER, Chief Justice.

¶ In this appeal, we hold that appellants are engaged in the title insurance business and are subject to regulation by the South Dakota Division of Insurance (Division).

¶ Norwest Mortgage, Inc. (NMI), American Land Title Company, Inc., d/b/a ATI Title Company (ATI), and Norwest Corporation (Norwest),1 through a series of related contracts, market and sell a program called Title Option Plus (TOP...

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