First American Title Ins. Co

Raffone v. First American Title Ins. Co. (Nassau Co., Fla.)

On February 7, 2011, a Florida appellate court affirmed orders certifying a class of hundreds of thousands of Floridians in an action brought by Pomerantz on behalf of purchasers of title insurance in refinancings from First American Title Insurance Company.

First American appealed an order issued by Judge Brian J. Davis of the Circuit Court, Nassau County, Florida, on March 16, 2010. Our clients allege that First American unlawfully overcharged for title insurance premiums on refinance transactions when Florida law required them to charge a discounted "reissue rate" premium because there already was an owner's title insurance policy on the property. The Court held that the question was a common one applicable to the entire class and therefore warranted class determination. The appellate court agreed, holding that whether the duty to determine whether the reissue rate applied fell solely on the title insurer was a common and predominant issue for the entire class, resolution of which would not require individual inquiries into the practices of individual title insurance agents or the circumstances of each refinancing transaction.

Notice of Pendency is scheduled to be disseminated to class members momentarily.