PRENTICE v. MINNESOTA TITLE INS. CO.

Nos. 91-0402, 91-1580.

176 Wis.2d 714 (1993)

500 N.W.2d 658

Charles E. PRENTICE and Jane G. Prentice, husband and wife on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. TITLE INSURANCE COMPANY OF MINNESOTA, Chicago Title Insurance Company, Stewart Title Guaranty Company, Security Union Title Insurance Company, f/k/a Safeco Title Insurance Company, Lawyers Title Insurance Corporation, Ticor Title Insurance Company, f/k/a Pioneer National Title Insurance, First American Title Insurance Company of the Midwest, f/k/a St. Paul Title Insurance Corporation, American Title Insurance Company, Commonwealth Land Insurance Insurance Company, TRW Title Insurance Company, f/k/a Insured Title, Incorporated, National Attorney's Title Insurance Company, Title USA Insurance Corporation of New York, f/k/a U.S. Life Title Insurance Company of New York, Allan F. Montezan, as an individual and in his representative capacity on behalf of AM Title Insurance Company, Richard F. Tyson, as an individual and in his representative capacity on behalf of AM Title Insurance Company, Charles B. Schiereck, as an individual and in his representative capacity on behalf of Chicago Title Insurance Company, Jack Oliver, as an individual and in his representative capacity on behalf of Chicago Title Insurance Company, Jack Oliver, as an individual and in his representative capacity on behalf of, Commonwealth Lan Title Insurance Company, Duane H. Wunsch, as an individual and in his representative capacity on behalf of Associate Title Counsel Commonwealth Land Title, Insurance Company, Donald Grabski, as an individual and in his representative capacity on behalf of Lawyers Title Insurance Corporation, Richard Stopczynski, as an individual and in his representative capacity on behalf of Lawyers Title Insurance Corporation, Philip M. Larkin, as an individual and in his representative capacity on behalf of Ticor Title Insurance Company and Harvey Plollock, as an individual and in his representative capacity on behalf of Title Insurance Company of Minnesota, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 9, 1993.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (court of appeals and supreme court) by James M. Clabault and Law Offices of James M. Clabault, Milwaukee, Jean Engstrom Jones and Law Offices of Jean Engstrom Jones, St. Louis, MO, David W. Brown and Knopf & Brown, Washington, D.C., Randolph E. House and Randolph E. House and Law Offices of Randolph E. House, Milwaukee and Peter Carstensen, Professor of Law, University of Wisconsin and oral argument by Mr. Clabault.

For the defendants-respondents there were briefs (court of appeals and supreme court) by Michael Fischer, James T. McKeown and Foley & Lardner, Milwaukee, William J. Mulligan and Davis & Kuelthau, S.C., Milwaukee, John F. Graybeal, Robert H. Tiller and Parker, Poe, Adams & Bernstein, Raleigh, NC, John C. Christie, Jr., Patrick J. Roach and Bell, Boyd & Lloyd, Washington, D.C., David M. Foster and Fulbright & Jaworski, Washington, D.C., Frank D. Tatum, Jr., Paul J. Laveroni, John F. Young and Cooley, Godward, Castro, Huddleston & Tatum, San Francisco, CA and Leonard G. Leverson and Kravit, Gass & Weber,

Milwaukee and oral argument by Mr. Mulligan, Mr. Graybeal and Mr. Fischer.

Amicus Curiae brief was filed (court of appeals) by Kevin J. O'Connor, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.


DAY, J.

This is an appeal from a judgment of the circuit court for Milwaukee County, Honorable John E. McCormick. This appeal is before us on certification from the court of appeals pursuant to sec. 809.61, Stats.

In this class action suit, the plaintiffs allege that the defendants, through their participation in the Wisconsin Title Insurance Rate Service Organization (WTIRSO), violated sec. 625.33, Stats.1 and sec. 133.03, Stats...

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