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State court of last resort · ST-VA-SC
First American Title Insurance v. Western Surety Co.
No. 111394Supreme Court of Virginia
111394 First American Title Insurance v. Western Surety Co. 03/02/2012 In response to questions of law certified to the Court by the United States Court of Appeals for the Fourth Circuit pursuant to Article VI…
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111394 First American Title Insurance v. Western Surety Co. 03/02/2012 In response to questions of law certified to the Court by …
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- March 2, 2012
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111394 First American Title Insurance v. Western Surety Co. 03/02/2012 In response to questions of law certified to the Court by the United States Court of Appeals for the Fourth Circuit pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, it is held that that: (1) the Virginia Consumer Real Estate Settlement Protection Act does not recognize a private cause of action that may be asserted against a surety and the surety bond issued pursuant to former Code § 6.1-2.21(D)(3); (2) Virginia law nonetheless permits a cause of action against a surety and the surety bond executed pursuant to CRESPA by the assertion of a common law claim; and (3) a title insurance company…
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