Idaho Code
Idaho Code

Idaho Code § 41-508 (2026)

"Title insurance" defined. 

✓ current as of May 2026
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"Title insurance" defined. 

(1) "Title insurance" is the certification or guarantee of title or ownership, or insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title. This definition shall not be deemed to apply as to the business of preparing and issuing abstracts of, but not certifying, guaranteeing, or insuring, title to or ownership of property or certifying to the validity of documents relative to such title.

(2)  A title insurer may also insure:
(a)  The identity, due execution, and validity of any note or bond secured by mortgage or deed of trust; and
(b)  The identity, due execution, validity and recording of any such mortgage or deed of trust.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2014–2024 · leading case: Cummings v. Stephens, 336 P.3d 281 (Idaho 2014).
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Cummings v. Stephens, 336 P.3d 281 (Idaho 2014). · cites it 2× “” I.C. § 41-508(1). Title insurance does not include “the business of preparing and issuing abstracts of, but not certifying, guaranteeing, or insuring, title to or ownership of property or certifying to the validity of documents relative to such title.”
Munden v. Stewart Title Guar. Co. (D. Idaho 2020). · cites it 2× “The Purpose of Title Insurance Title insurance “is the certification or guarantee of title or ownership, or insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or…”
Munden v. Stewart Title Guar. Co. (D. Idaho 2023). · cites it 2× “” Idaho Code § 41-508 (1). “The purpose of title insurance is to protect a transference of real estate from the possibility of a loss through defects that may cloud the title.”
BrunoBuilt, Inc. v. Auto-Owners Ins. Co. (Idaho 2024). · cites it 2× “Property insurance does not include title insurance, as defined in section 41-508[, Idaho Code]. (Alteration in original.”
— Idaho Code § 41-508(1) — 1 case
Cummings v. Stephens, 336 P.3d 281 (Idaho 2014). “” I.C. § 41-508(1). Title insurance does not include “the business of preparing and issuing abstracts of, but not certifying, guaranteeing, or insuring, title to or ownership of property or certifying to the validity of documents relative to such title.”
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