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Use of credit-scoring factors in the pricing of homeowner's insurance under the FHA and the McCarran-Ferguson Act

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • April 14 2010

In a putative class action, Ojo v. Farmers Group, Inc., et al., Case No. 06-55522 (9th Cir. April 9, 2010), an en banc panel of the Ninth Circuit Court of Appeals decided a case where the Plaintiff alleged that the use of credit-scoring factors in the pricing of homeowner's insurance in Texas had a disparate impact on minorities in violation of the federal Fair Housing Act ("FHA"), 42 U.S.C. sections 3601-19