STERMAN v. TRANSAMERICA TITLE INS. CO.

No. 2 CA-CIV 2597.

119 Ariz. 268 (1978)

580 P.2d 729

Albert STERMAN and Brenda Sterman, husband and wife, William R. Fasse and Marsha S. Fasse, husband and wife and all others similarly situated, Appellants, v. TRANSAMERICA TITLE INSURANCE COMPANY, a California Corporation, Arizona Title Insurance and Trust Company, an Arizona Corporation, Lawyers Title of Arizona, an Arizona Corporation, Pioneer National Title Insurance Company, a California Corporation, Uslife Title Company of Arizona, an Arizona Corporation, Stewart Title & Trust of Tucson, an Arizona Corporation, Title Insurance Company of Minnesota, an Arizona Corporation, Title Security Agency of Arizona, an Arizona Corporation, and Chicago Title Insurance Company, a Missouri Corporation, its principal, Western Title Insurance Agency, an Arizona Corporation, and Commonwealth Land Title Insurance Company, a Pennsylvania Corporation, its principal, Land Title Association of Arizona, an Arizona Corporation and Title Insurance Rating Bureau of Arizona, an Arizona Corporation, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 8, 1978.

Review Denied April 18, 1978.


Attorney(s) appearing for the Case

O'Dowd & Burke by Erik M. O'Dowd, Tucson, for appellants.

Lewis & Roca by John P. Frank, Kimball J. Corson and Fish, Briney, Duffield, Miller, Young & Adamson, P.C. by Richard Duffield, Tucson, for appellee Transamerica Title Ins. Co.

Merchant, Lohse & Bloom by Ashby I. Lohse, Tucson, for appellee Arizona Title Ins. and Trust Co.

Bilby, Shoenhair, Warnock & Dolph, P.C. by Michael A. Lacagnina and David A. Paige, Tucson, for appellee Lawyers Title of Arizona.

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Janice A. Wezelman, Tucson, for appellee Pioneer Nat. Title Ins. Co.

Jennings, Strouss & Salmon by Riney B. Salmon, II, and David L. White, Phoenix, for appellee USLIFE Title Co. of Arizona.

Molloy, Jones, Donahue, Trachta & Childers, P.C. by Michael J. Meehan, Tucson, for appellee Stewart Title & Trust of Tucson.

Edward B. Towey, Denver, Colo., for appellee Title Ins. Co. of Minnesota.

Bell, Boyd, Lloyd, Haddad & Burns by John C. Christie, Jr., Chicago, Ill., for appellees Title Sec. Agency of Arizona and Chicago Title Ins. Co.

Holesapple, Conner, Jones & Johnson by Edmund D. Kahn, Tucson, for appellees Title Ins. Co. of Minnesota; Title Sec. Agency of Arizona and Chicago Title Ins. Co.

Johnson, Hayes & Dowdall, Ltd. by Raymond F. Hayes, Tucson, for appellees Western Title Ins. Agency and Commonwealth Land Title Ins. Co.

McLoone, Theobald & Galbut, P.C. by Martin R. Galbut and Kevin T. Ahern, Phoenix, for appellee Land Title Ass'n of Arizona.

Brown & Bain, P.A. by Philip P. Berelson and Neil S. Cumsky, Phoenix, for appellee Title Ins. Rating Bureau of Arizona.

Bruce E. Babbit, Atty. Gen. by John C. Dutton, Jr., Asst. Atty. Gen., Phoenix, for amicus curiae John N. Trimble, Director of Arizona Dept. of Ins.


OPINION

RICHMOND, Chief Judge.

The question on this appeal is whether the superior court has jurisdiction over a claim that appellees have unlawfully combined and conspired in fixing escrow fees charged by title insurance companies in Arizona. The trial court dismissed appellants' second amended complaint, concluding that the legislature has vested exclusive jurisdiction in the department of insurance to determine matters of regulation of and competition between...

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