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ARTHUR v. TICOR TITLE INS. CO. OF FLORIDA

No. 08-1727.

569 F.3d 154 (2009)

Thomas A. ARTHUR, Jr.; Jennifer Whitehead, Individually and on behalf of two classes of consumers similarly situated, Plaintiffs-Appellants, v. TICOR TITLE INSURANCE COMPANY OF FLORIDA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 18, 2009.

Attorney(s) appearing for the Case

ARGUED: Philip Scott Friedman, Friedman Law Offices, PLLC, Washington, D.C., for Appellants. Darryl J. May, Ballard, Spahr, Andrews & Ingersoll, LLP, Philadelphia, Pennsylvania, for Appellee. ON BRIEF: Martin E. Wolf, Richard S. Gordon, Benjamin H. Carney, Quinn, Gordon & Wolf, Chtd., Baltimore, Maryland, for Appellants. Robert A. Scott, Lisa M. Welsh, Ballard, Spahr, Andrews & Ingersoll, LLP, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge HAMILTON joined.

OPINION

WILKINSON, Circuit Judge:

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated Section 8 of the Real Estate...

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