(1) Each title insurer and title insurance agent must report premium, policy count, and expense data by county annually to the statistical reporting agent designated by the commissioner for the preceding calendar year by May 31st of each year, except as provided in subsection (5) of this section. Every title insurer must file a Title Company Statistical Report with the statistical reporting agent even if the title insurer had no written premium from a direct branch operation during the report year. These data must be reported using the Title Company Statistical Report and following the instructions published by the commissioner on the commissioner's website at www.insurance.wa.gov. These forms and instructions are incorporated into this chapter by reference.

(2) Each annual report required by this section must include:

(a) The following title order count data:

(i) Number of title orders opened;

(ii) Completed title orders in which a policy was issued; and

(iii) Number of title orders canceled as determined using WAC 284-29-260(10).

(b) Number of noninsurance title products produced:

(i) Number of searches billed to third parties; and

(ii) Number of searches purchased from third parties.

(c)(i) Total settlement, escrow, or closing transactions conducted;

(ii) Number of settlement, escrow, or closing transaction in which a title policy was not issued.

(d) The following premium and policy count data:

(i) Total number of title policies issued;

(ii) Number of residential policies issued;

(iii) Number of nonresidential policies issued;

(iv) Number of (d)(ii) and (iii) of this subsection in which the title insurer or title insurance agent conducted the settlement, escrow, or closing of the transaction.

(e) The following income data:

(i) Total written premium of the title insurer;

(ii) Total written premium of the title insurance agent;

(iii) Total written premium of the title insurance agent segregated by each title insurer for which the title insurance agent is appointed;

(iv) Total written premium remitted to the title insurers by the title insurance agent segregated by each title insurer for which the title insurance agent is appointed;

(v) Other written premium of the title insurance agent not included in (e)(iii) of this subsection;

(vi) Settlement, escrow, and closing income;

(vii) Title examination income;

(viii) Abstract and search income;

(ix) Income from canceled orders;

(x) Investment income; and

(xi) All other income.

(f) The following expense data related to issuing title insurance policies and commitments for all of the title insurer's or title insurance agent's business, excluding all expenses related to escrow and other activities not directly related to title insurance:

(i) Employees' compensation;

(ii) Payroll taxes;

(iii) Employee benefits;

(iv) Contract labor;

(v) Rent, utilities, and repair;

(vi) Title plant expense and maintenance;

(vii) Abstract and search expenditures;

(viii) Computer and software;

(ix) Business insurance;

(x) Business legal;

(xi) Accounting;

(xii) Licenses, taxes, and fees;

(xiii) Marketing and sales;

(xiv) Travel and lodging;

(xv) Employee education;

(xvi) Bank charges;

(xvii) Charge offs;

(xviii) Depreciation;

(xix) Miscellaneous expenses;

(xx) Loss, loss adjustment expense, loss mitigation, and underwriting expenses;

(xxi) Federal income tax incurred;

(xxii) Other specifically identified expenses; and

(xxiii) Other information required by the commissioner as specified in the Title Company Statistical Report under WAC 284-29A-110.

(g) An explanation that demonstrates that the expenses described in WAC 284-29A-070(2) have been excluded.

(3) The expense allocation between title insurance related expenses and escrow expenses shall be based upon the income received from title insurance premiums and related income and escrow income, except where an allocation process is not needed and the alternate calculation is fully explained.

(4) If the statistical reporting agent does not receive a report required under this section by May 31st of each year, the statistical reporting agent must notify the commissioner by June 15th. This notice must include the name of the title insurer or title insurance agent that did not send the report on time.

(5) For the 2013 calendar year report, each title insurer and title insurance agent must submit the report to the statistical reporting agent designated by the commissioner on or before September 1, 2014.