Title Insurers Spared Antitrust Scrutiny, Says 3rd Circ.

Law360, New York (June 14, 2012, 6:33 PM ET) -- The Third Circuit ruled Thursday that a rate-setting agency does not have to closely scrutinize a rate application in order for rates to be exempt from antitrust scrutiny, rejecting a pair of homeowner class actions accusing New Jersey and Delaware title insurers of price-fixing.

In a pair of precedential opinions, a three-judge panel rejected efforts from homeowners in the two states to sidestep the U.S. Supreme Court's long-standing filed rate doctrine — which shields rates set by insurers, utilities and others from antitrust liability if the...
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