Villanueva v. Fidelity National Title Co.Annotate this Case
The Supreme Court reversed the judgment of the court of appeal reversing the judgment of the trial court granting a class injunctive relief, holding that Insurer was not entitled to immunity under the Insurance Code and that the Insurance Commission did not have exclusive jurisdiction.
At issue was whether, if a title insurer charges rates without filing them with the Insurance Commissioner, a consumer can challenge the charges as unlawful in court. The trial court rejected Insurer's argument that it should be held immune from Plaintiff's putative class action under Cal. Ins. Code 12414.26, but the court of appeals reversed, concluding that the class claims were barred because Insurer was in fact immune and that the trial court lacked jurisdiction. The Supreme Court reversed, holding (1) the statutory immunity for "act[s] done...pursuant to the authority conferred" by the rate-filing statutes does not shield title insurers from suit for charging unauthorized rates; and (2) the Insurance Commissioner does not have exclusive jurisdiction over unfiled-rate claims.