Insurance Filed Rate Defense Wins Over The 2nd Circuit
Law360, New York ( August 26, 2015, 10:23 AM EDT) -- In a noteworthy embrace of the filed rate doctrine, the Second Circuit recently ruled, in the context of a challenge to so-called lender-placed or "force placed" insurance, that a regulator-approved rate is subject to the filed rate doctrine and is unassailable, even when that rate is passed through an intermediary and even when there is no direct challenge to the rate itself. Rothstein v. Balboa Insurance Co., No. 14-2250-CV, (2nd Cir. July 22, 2015). Addressing conflicting district court law — and specifically reversing a ruling of the United States District Court for the Southern District of New York — the Second Circuit's ruling is unequivocal and gives a strong boost to a doctrine that has come under scrutiny in the trial courts for some time....
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