CHICAGO TITLE INS. CO. v. BRYAN


909 A.2d 1131 (2006)

388 N.J. Super. 550

CHICAGO TITLE INSURANCE COMPANY, Commonwealth Land Title Insurance Company, Commonwealth Land Title of New Jersey, Conestoga Title Insurance Company, Fidelity National Title Insurance Company of New York, First American Title Insurance Company, Lawyers Title Insurance Corporation, New Jersey Title Insurance Company, Old Republic National Title Insurance Company, Security Union Title Insurance Company, T.A. Title Company, The Security Title Guarantee Corporation of Baltimore, Ticor Title Insurance Company, Transnation Title Insurance Company, United General Title Insurance Company, New Jersey Land Title Association, Plaintiffs-Appellants, v. Donald BRYAN, Commissioner of the Department of Banking and Insurance in the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 2006.


Attorney(s) appearing for the Case

Edward C. Eastman, Jr. argued the cause for appellants (LoMurro, Davison, Eastman & Munoz, attorneys; Mr. Eastman, of counsel; Michael J. Fasano, Freehold, on the brief).

Eleanor Heck, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Acting Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Heck, on the brief).

Before Judges LISA, HOLSTON, JR., and GRALL.


The opinion of the court was delivered by

LISA, J.A.D.

These consolidated appeals question whether title insurance companies are subject to assessments authorized by the Insurance Fraud Protection Act (IFPA), N.J.S.A. 17:33A-1 to -30, or are exempt by provisions of the Title Insurance Act of 1974(TIA), N.J.S.A. 17:46B-1 to -62. We hold that title insurers are subject to the assessments, and we therefore affirm the action of the Commissioner of...

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