Chassen v. Fidelity National Financial Inc., 080317 FED3, 15-2814

Docket Nº:15-2814
Opinion Judge:AMBRO, CIRCUIT JUDGE
Party Name:ARTHUR CHASSEN; DEBORAH MEREDITH; JOEL OSTER; DENNIS SCRIMER; GLEN J. DALAKIAN; JACK HOFFMAN; DEBORAH HOFFMAN; KATHLEEN COOPER; RICHARD MURPHY, individually and on behalf of others similarly situated; AMI FELLER v. FIDELITY NATIONAL FINANCIAL INC, a Delaware corporation; FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation; CHICA...
Judge Panel:Before: MCKEE, AMBRO, and ROTH, Circuit Judges
Case Date:August 03, 2017
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

ARTHUR CHASSEN; DEBORAH MEREDITH; JOEL OSTER; DENNIS SCRIMER; GLEN J. DALAKIAN; JACK HOFFMAN; DEBORAH HOFFMAN; KATHLEEN COOPER; RICHARD MURPHY, individually and on behalf of others similarly situated; AMI FELLER

v.

FIDELITY NATIONAL FINANCIAL INC, a Delaware corporation; FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation; CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation; THE FIRST AMERICAN CORPORATION, a California corporation; FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation; LANDAMERICA FINANCIAL GROUP INC, a Virginia corporation; TRANSNATION TITLE INSURANCE COMPANY, a Nebraska corporation; LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation; STEWART INFORMATION SERVICES CORPORATION, a Delaware corporation; STEWART TITLE GUARANTY COMPANY, a Texas corporation; OLD REPUBLIC INTERNATIONAL CORPORATION, a Delaware corporation; OLD REPUBLIC TITLE INSURANCE GROUP, INC., a Delaware corporation; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation; WEICHERT TITLE AGENCY Lawyers Title Insurance Corporation, Appellant

No. 15-2814

United States Court of Appeals, Third Circuit

August 3, 2017

NOT PRECEDENTIAL

Submitted Under Third Circuit LAR 34.1(a) July 14, 2017

Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 3-09-cv-00291) District Judge: Honorable Peter G. Sheridan

Before: MCKEE, AMBRO, and ROTH, Circuit Judges

OPINION [*]

AMBRO, CIRCUIT JUDGE

Defendant Lawyers Title Insurance challenges the denial of its motion to compel Plaintiffs Deborah and Jack Hoffman to arbitrate an insurance dispute. Because we agree with the District Court that the Hoffmans did not consent to arbitrate, we affirm.

I. Background

The Hoffmans purchased a New Jersey home in 2004. They allege that Lawyers Title Insurance overcharged them by $110.1 At closing, Lawyers Title Insurance issued them an Owner's Policy and a Loan Policy. The Policies contained an arbitration provision permitting either party to compel arbitration should a dispute arise. However, the Owner's Policy also included an Arbitration Endorsement that amended the arbitration provision to require that both parties consent to arbitration. See App. 3059 ("You and the Company may together agree to arbitration . . . ") (emphasis added). In contrast, the Loan Policy did not contain the Endorsement.

Following a partial grant of a motion to...

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