Paper Trail

The Ninth Joins the 6th & 7th Circuits Holding: the FHA Applies to Homeowner’s Insurance

April 11, 2010

Ojo v. Farmers Group, Inc. (No. 06-55522)

Wendy McGuire Coats

discuss (1)

On April 9, 2010, an en banc panel (Chief Judge Kozinski and Circuit Judges Rymer, Hawkins, Graber, McKeown, Fletcher, Gould, Clifton, Milan D. Smith, Jr.,  Ikuta, and N. Randy Smith) joined the Sixth and Seventh Circuits (rejecting the Fourth Circuit’s contrary holding) and issued an opinion (available here) holding that

 “the FHA prohibits racial discrimination in both the denial and pricing of homeowner’s insurance.”


Quick factual Background:Patrick O. Ojo, an African-American Texas resident and owner of a homeowner’s property-and-casualty policy issued by Farmers Group, Inc. sued claiming the Farmers uses a number of “undisclosed factors” in their credit-scoring system that disparately impact minorities in violation of the Federal Fair Housing Act (42 U.S.C. §§ 3601-19).



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