First American Title Ins. v. Western Sur.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Virginia Consumer Real Estate Protection Act's express remedies for violations of the statute did not include a private cause of action against a surety and the surety bond
• holding that a statute did not create an implied private cause of action because “the General Assembly has clearly provided for private causes of action [in similar statutes] where it has intended to do so”
• “CRESPA expressly provides a remedy for violations of the statute, but that remedy exclusively provides licensing authorities the ability to fine and/or otherwise penalize settlement agents who violate the statute.”
• “[t]he issuance of a title insurance policy is a separate transaction and a separate issue from the settlement transaction involving the purchase of or lending on the security of real estate”
• “FATIC, as a subrogee of SunTrust, has succeeded to SunTrust’s relevant rights ... [and] may have standing as a subrogee of its insured to maintain a cause of action against a surety and the [CRESPA bond].”

Source: CourtListener parenthetical corpus (CC0).