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CHULTEM v. TICOR TITLE INS. CO.

Nos. 1-09-1619, 1-09-1622.

927 N.E.2d 289 (2010)

Doljin CHULTEM, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. TICOR TITLE INSURANCE COMPANY, Chicago Title and Trust Company, and Fidelity National Financial, Inc., Defendants-Appellees. Paul A. Colella, Individually, and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. Chicago Title Insurance Company and Chicago Title and Trust Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

April 15, 2010.

Attorney(s) appearing for the Case

Power Rogers & Smith, P.C., Chicago, IL (Joseph A. Power, Jr., of counsel), Korein Tillery LLC, St. Louis, MO (Stephen M. Tillery and John A. Libra, of counsel), for Plaintiffs-Appellants.

Bartlit Beck Herman Palechar & Scott, LLP, Chicago, IL (Philip S. Beck, Mark K. Levine and Jeffrey A. Mandell, of counsel), for Defendants-Appellees.

Justice O'BRIEN delivered the opinion of the court:

This consolidated appeal involves two cases filed as class actions. In each case, the plaintiff sued the defendants for their alleged breaches of the Title Insurance Act (Title Act)(215 ILCS 155/1 (West 2002) (incorporating the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2607 (2000))), and the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) 815 ILCS 505/1 et seq.

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