Tuesday, September 18, 2018
Villanueva v. Fidelity National Title Company
Cal.App. 6th Dist. (H041870, H042504) 9/7/18
Fidelity's escrow rate filing failed to establish classifications of services for document preparation services and for third party delivery services. It also failed to indicate in its rate filings that it intended to charge for those services. By charging for such services, Fidelity violated Insurance Code Sections 12401.1, 12401.2, and 12401.7. However, this conduct is subject to the Section 12414.26 immunity, which precludes plaintiffs' Unfair Competition Law claims. Instead, allegations of rate filing violations must be brought before the Insurance Commissioner pursuant to Section 12414.13.