Prentice v. Title Insurance Co. of Minnesota

500 N.W.2d 658, 176 Wis. 2d 714, 1993 Wisc. LEXIS 526
CourtWisconsin Supreme Court
DecidedJune 9, 1993
Docket91-0402, 91-1580
StatusPublished
Cited by26 cases

This text of 500 N.W.2d 658 (Prentice v. Title Insurance Co. of Minnesota) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prentice v. Title Insurance Co. of Minnesota, 500 N.W.2d 658, 176 Wis. 2d 714, 1993 Wisc. LEXIS 526 (Wis. 1993).

Opinions

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.2 by agreeing to fix the prices of title insurance and related services. The question presented is whether the filed rate doctrine3 precludes the plaintiffs' rate-related suit for damages even if the [720]*720allegations are true. We hold that the filed rate doctrine shields the defendants from liability.

The defendants include twelve title insurance companies and several of their employees. Each title insurance company was a member of WTIRSO, a licensed title insurance rating bureau authorized by sec. 625.15, Stats.4 to file joint rates on behalf of its members.

The plaintiff class consists of all persons who, during the period 1971 through at least 1984, purchased title insurance or related services from one or more of the defendants. The plaintiffs allege that the defendants and WTIRSO engaged in a conspiracy to unreasonably restrain trade, causing the plaintiffs to pay substantially higher prices for title insurance and related services than they would have had to pay in the absence of the alleged conspiracy. The plaintiffs seek treble damages under sec. 133.18, Stats.5

The defendants moved to dismiss the complaint on three separate grounds: (1) the filed rate doctrine; (2) the statute of limitation; and (3) an implied exemption from the Wisconsin antitrust laws. Several defendants, [721]*721who were previously defendants in an antitrust suit which was dismissed pursuant to a settlement approved by the federal district court in the Eastern District of Pennsylvania, also moved to dismiss on the basis of res judicata. While the circuit court dismissed some defendants on the basis of res judicata, the circuit court dismissed all defendants on the basis of the filed rate doctrine. The circuit court specifically reserved judgment on the implied exemption and statute of limitation issues.

The plaintiffs appealed and this court accepted certification from the court of appeals. We affirm the decision of the circuit court on the basis of the filed rate doctrine. Thus, we need not discuss any other issue.

The question of whether the filed rate doctrine shields the defendants from liability is a question of law. This court decides questions of law independently and without deference to the reasoning of the lower court. Pulsfus Farms v. Town of Leeds, 149 Wis. 2d 797, 803-804, 440 N.W.2d 329 (1989).

For nearly one hundred years, the United States Supreme Court has held that the filed rate doctrine prohibits a plaintiff from claiming a lower rate than the one filed by a regulated entity with the appropriate regulatory agency because the filed rate alone governs the relationship between the parties. See Texas & Pacific Railway Co. v. Mugg, 202 U.S. 242 (1906); Louisville & Nashville Railroad Co. v. Maxwell, 237 U.S. 94 (1915). The Court reasoned that allowing a state court to award damages based on a hypothetical rate lower than the filed rate would undermine the regulatory scheme because a plaintiff could obtain greater relief from the court than from the regulatory agency. Arkansas Louisiana Gas Co. v. Hall, 453 U.S. 571, 579 [722]*722(1981). The filed rate doctrine "has been extended across the spectrum of regulated utilities." Id. at 577.

The United States Supreme Court first applied the filed rate doctrine to an antitrust claim in Keogh v. Chicago & N.W. Railway Co., 260 U.S. 156, 163 (1922). In Keogh, the plaintiff alleged that the defendants, freight carriers, formed an association to eliminate competition in violation of the federal antitrust laws. Furthermore, the plaintiff alleged that the association set rates higher than it would have if competition had not been quashed. The plaintiff claimed the extent of this difference as damages. The defendants pointed out that every rate complained of had been duly filed and approved by the Interstate Commerce Commission before it was made effective.

The Court held that the filed rate doctrine barred the plaintiffs claim and the regulatory agency provided the plaintiffs sole source of relief. Id. at 162. The Court concluded that the regulatory agency provided the plaintiff a remedy and refused to provide an additional remedy under the antitrust laws. Id. The Court reasoned that the regulatory agency's approval had, in effect, established the lawfulness of the defendants' rates and the legal rights of the parties were measured solely by the filed rate. Id. at 163. The Court explained that an award under the antitrust laws would undermine the regulatory scheme by acting as a rebate available only to the plaintiff. Id. Furthermore, The Court was troubled by the fact that the plaintiff, in addition to providing that the defendant would have maintained a lower rate in the absence of the illegal conspiracy, would have to prove that the regulatory agency would have approved the hypothetical lower rate. Id. at 163-64.

[723]*723Although this case presents the first opportunity for this court to follow the rule announced in Keogh and apply the filed rate doctrine to an antitrust claim, this court has applied the filed rate doctrine in different contexts since 1911. See City of Manitowoc v. Manitowoc & Northern Traction Co., 145 Wis. 13, 129 N.W. 925 (1911); Kilhourn City v. Southern Wisconsin Power Co., 149 Wis. 168, 135 N.W. 499 (1912); Oconto Electric Co. v. Peoples Land & Mfg. Co., 165 Wis. 467, 161 N.W. 789 (1917). This court, in Manitowoc, held that a rate filed with and found reasonable by the railroad commission becomes the lawful rate and supersedes any contractual rate that differs from the filed rate. Manitowoc, 145 Wis. at 30. In Kilhourn City, this court held that parties dealing with public-service corporations must pay the filed rate for the services performed and stated that "[a] 11 subterfuges whereby one consumer is called upon to pay a greater or a lesser rate than that prescribed in the published schedule of charges ... are condemned." Kilhourn City, 149 Wis. at 181. Similarly, in Oconto, this court stated that a rate filed with the railroad commission becomes "presumptively reasonable and enforceable until a different rate is established in place thereof by the railroad commission pursuant to law." Oconto, 165 Wis. at 485.

This court applied the filed rate doctrine in Chicago & N.W. Transportation Co. v. Thoreson Food Products, Inc., 71 Wis.

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Bluebook (online)
500 N.W.2d 658, 176 Wis. 2d 714, 1993 Wisc. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prentice-v-title-insurance-co-of-minnesota-wis-1993.