Sjobring

INTRODUCTION

The Insurance Code requires title insurers and title companies to file a schedule of their rates with the Insurance Commissioner before charging those rates to the public. (Ins. Code, §§ 12401.1, 12401.7, 12414.27.)1 The Insurance Code also prohibits title insurers and title companies from charging rates for policies and services except in accordance with their filed rates. (§ 12414.27.) These consolidated appeals concern two class action lawsuits brought against defendants and respondents First American Title Insurance Company and First American Title Company (collectively, defendants). One lawsuit was filed by plaintiff and appellant Jeffrey Albert Sjobring. The other lawsuit was filed by plaintiff and appellant Wendy Kaufman. We refer to Sjobring and Kaufman collectively as plaintiffs. Both plaintiffs obtained policies from defendants to insure the title on a recently purchased home: an owner’s policy to cover their own interest in the title, and a loan policy to cover the mortgage-lender’s interest. Because title insurance policies like these insure the same property, they are usually less expensive when purchased together. How much less expensive depends on the…