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Seventh Circuit affirms dismissal of state law claims challenging lender-placed insurance procedures on the basis that they contain alleged “kickbacks”

On November 12, 2013 by Schnader in Finance

By Christopher Reese On November 4, 2013, the Seventh Circuit affirmed the dismissal of a putative class action claiming that a lender and insurance company violated several state laws by allegedly paying and accepting “kickbacks” in connection with the purchase of lender-placed insurance. In so doing, the Seventh Circuit declined to […]

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More on the Filed Rate Doctrine and Force-Placed Insurance

On October 18, 2013 by Schnader in Finance

By Stephen A. Fogdall and Monica C. Platt Last week, we reported on a decision out of the Southern District of New York holding that the filed rate doctrine does not apply to force-placed insurance rates because they are “secondarily billed” to the borrower. We plan to monitor this issue closely to see […]

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The Filed Rate Doctrine and “Secondarily Billed” Rates

On October 10, 2013 by Schnader in Finance

By Stephen A. Fogdall and Christopher A. Reese The filed rate doctrine holds that the reasonableness of insurance rates filed with and approved by a state insurance regulator cannot be challenged in court.  That doctrine ought to apply even when the cost of the insurance is passed on, or “secondarily billed,” by […]

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