This is not to say that title insurers take no actuarial risks.
But lawyers and title insurers say the law may have some unintended consequences.
As a result, some industry executives and experts predict that many title insurers will be weakened in coming years.
The title insurers have stopped the payments for referrals, which they contend involved only a small part of their business.
In other states, the biggest expense for title insurers is commission for their agents.
The law is not clear on the out-of-state sales, he said, and no action has been taken against any title insurer.
The title insurers say they believe that their policies are appropriately priced.
Although no giant title insurer has failed, smaller companies have.
Some states have laws that require title insurers to set aside funds.
But having to defend against these claims is costing the title insurers millions of dollars.