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....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!