Cal. Codes » Insurance Code / DIVISION 2. CLASSES OF INSURANCE / PART 6. INSURANCE COVERING LAND / CHAPTER 1. Title Insurance / ARTICLE 1. Definitions
California Codes

Cal. Insurance Code § 12340.11 (2026)

✓ current as of May 2026
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“Preliminary report”, “commitment”, or “binder” are reports furnished in connection with an application for title insurance and are offers to issue a title policy subject to the stated exceptions set forth in the reports and such other matters as may be incorporated by reference therein. The reports are not abstracts of title, nor are any of the rights, duties or responsibilities applicable to the preparation and issuance of an abstract of title applicable to the issuance of any report. Any such report shall not be construed as, nor constitute, a representation as to the condition of title to real property, but shall constitute a statement of the terms and conditions upon which the issuer is willing to issue its title policy, if such offer is accepted.

Notes of Decisions
Cited in 11 cases, 1985–2015 · leading case: White v. W. Title Ins., 710 P.2d 309 (Cal. 1985).
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White v. W. Title Ins., 710 P.2d 309 (Cal. 1985). · cites it 2× “) (11a) Insurance Code section 12340.11, effective January 1, 1982, provides: "`Preliminary report', `commitment', or `binder' are reports furnished in connection with an application for title insurance and are offers to issue a title policy subject to the stated exceptions set…”
Wolschlager v. Fid. Nat'l Title Ins., 4 Cal. Rptr. 3d 179 (Cal. Ct. App. 2003). · cites it 2× “) The insured’s approval and acceptance of the conditions set forth in the preliminary report create a binding contract based on the terms set forth in the report and any materials that are incorporated therein by reference.”
Siegel v. Fid. Nat'l Title Ins., 96 Cal. Daily Op. Serv. 4768 (Cal. Ct. App. 1996). · cites it 3× “” (Ins. Code, § 12340.11.) Section 12340.11 specifically states that preliminary reports “are not abstracts of title, nor are any of the rights, duties or responsibilities applicable to the preparation and issuance of an abstract of title applicable to the issuance of any report.”
Alfaro v. Cmty. Hous. Improvement Sys. & Plan. Assn., Inc., 171 Cal. App. 4th 1356 (Cal. Ct. App. 2009). “) An “ ‘[a]bstract of title’ ” is a written listing of “all recorded conveyances” affecting “the chain of title to the realty property described therein.”
100 Inv. Ltd. P'ship v. Columbia Town Ctr. Title Co., 60 A.3d 1 (Md. 2013). “470, 485 (1975), superseded by statute, Cal. Ins.Code § 12340.11 (West 2005) (explaining that a title insurance company that supplies the insured with a commitment before a property closing assumes the role [and duty] of a title abstractor to check the records and report any…”
Stockton Mortg., Inc. v. Tope, 233 Cal. App. 4th 437 (Cal. Ct. App. 2014). “(Ins. Code, § 12340.11.) Indeed, the preliminary title report itself provides: “This report .”
2,022 Ranch L.L.C. v. Superior Court, 7 Cal. Rptr. 3d 197 (Cal. Ct. App. 2004). “(Ins. Code, § 12340.11; Greenwald & Asimow, Cal.”
Lennar Corp. v. Transamerica Ins., 256 P.3d 635 (Ariz. Ct. App. 2011). “2d 309, 317 (1985) (abrogated on other grounds by Cal. Ins.Code § 12340.11 (West 1988) as stated in Tucson Airport Auth.”
Kleveland v. Chicago Title Ins., 2006 Cal. Daily Op. Serv. 6672 (Cal. Ct. App. 2006). “’ (Ins. Code, § 12340.11.) The insured’s approval and acceptance of the conditions set forth in the preliminary report create a binding contract based on the terms set forth in the report and any materials that are incorporated therein by reference.”
Fid. Nat'l Title Ins. v. Miller, 215 Cal. App. 3d 1163 (Cal. Ct. App. 1989). · cites it 2× “" Insurance Code section 12340.11 defines "preliminary reports" as "reports furnished in connection with an application for title insurance and are offers to issue a title policy subject to the stated exceptions set forth in the reports and such other matters as may be…”
Stockton Mortg., Inc. v. Tope (Cal. Ct. App. 2015). “(Ins. Code, § 12340.11.) Indeed, the preliminary title report itself provides: “This report .”
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