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HOWLAND v. FIRST AMERICAN TITLE INS. CO.

Nos. 11-1816, 11-1817.

672 F.3d 525 (2012)

Janice M. HOWLAND and Scott Tegtmeyer, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 2012.

Attorney(s) appearing for the Case

J. Timothy Eaton (argued), Attorney, Shefsky & Froelich, Ltd., Chicago, IL, Stephen M. Tillery , Attorney, Korein Tillery , St. Louis, MO, for Plaintiff-Appellant and Intervenor-Appellant.

Brian J. Murray (argued), Attorney, Jones Day, Chicago, IL, for Defendant-Appellee.

Before SYKES and TINDER, Circuit Judges, and DeGUILIO, District Judge.

DeGUILIO, District Judge.

First American Title Insurance Company sells title insurance to consumers in Illinois through its attorney title agent program, in which it pays the consumer's real estate attorney to conduct a title examination and determine whether the title is insurable. Plaintiffs contend that the payment is designed to compensate for referrals, not actual services, and that First American's program violates Section 8 of the Real Estate Settlement Procedures...

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