California Supreme Court Watch

Dec 18, 2018
#18-166 Villanueva v. Fidelity National Title Co., S252035. (H041870; 26 Cal.App.5th 1092; Santa Clara County Superior Court; CV173356.)

#18-166 Villanueva v. Fidelity National Title Co., S252035. (H041870; 26 Cal.App.5th 1092; Santa Clara County Superior Court; CV173356.) Petition for review after the Court of Appeal reversed the judgment in a civil action. The court limited review to the following issues: (1) Insurance Code section 12414.26 provides: “No act done, action taken, or agreement made pursuant to the authority conferred by Article 5.5 (commencing with Section 12401) or Article 5.7 (commencing with Section 12402) of this chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state heretofore or hereafter enacted which does not specifically refer to insurance.” Does this statute provide immunity to an underwritten title company for charging consumers for services for which there have been no rate filings with the Insurance Commissioner? Stated otherwise, by charging unfiled rates, did Fidelity act “pursuant to the authority conferred by Article 5.5?” (2) Does the Insurance Commissioner have exclusive jurisdiction over any action against an underwritten title company for services charged to the consumer, but not disclosed to the Department of Insurance?

Review granted, issues limited: 12/12/2018

See the California Court of Appeal opinion.