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FIRST AMERICAN TITLE INS. v. WESTERN SUR.

Record No. 111394.

722 S.E.2d 637 (2012)

283 Va. 389

FIRST AMERICAN TITLE INSURANCE COMPANY v. WESTERN SURETY COMPANY.

Supreme Court of Virginia.

March 2, 2012.

Attorney(s) appearing for the Case

Richard T. Pledger ( Archibald Wallace, III ; Thomas J. Moran ; Wallace Pledger, on briefs), Richmond, for defendant-appellant.

David H. Cox ( Paul D. Smolinsky ; Jackson & Campbell, on brief), for plaintiff-appellee.

Amicus Curiae: Virginia Land Title Association ( Kevin T. Pogoda , on brief), in support of plaintiff-appellee.

Amicus Curiae: Entitle Insurance Company ( Carrie L. Sutherland ; Alan F. Curley ; Robinson Curley & Clayton, on brief), in support of plaintiff-appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, we accepted the following certified questions from the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit"), pursuant to its order entered August 2, 2011:

1. Does the Virginia Consumer Real Estate Settlement Protection Act, Va. Code Ann. § 6.1-2.19 et seq. (recodified at Va.Code Ann. § 55-525.16 et seq.) ("CRESPA...

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