COHEN v. AMERICAN SEC. INS. CO.

No. 11-3422.

735 F.3d 601 (2013)

Randy COHEN, both individually and as a representative of all other persons similarly situated, Plaintiff-Appellant, v. AMERICAN SECURITY INSURANCE COMPANY, and Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 2013.


Attorney(s) appearing for the Case

Thomas F. Courtney, Jr. , Thomas F. Courtney & Associates PC, Palos Heights, IL, John S. Xydakis , Forest Park, IL, for Plaintiff-Appellant.

Franklin G. Burt , Jorden Burt, Washington, DC, Mark B. Blocker , Robert N. Hochman , Sidley Austin LLP, Chicago, IL, for Defendants-Appellees.

Before MANION, SYKES, and HAMILTON, Circuit Judges.


SYKES, Circuit Judge.

Home-mortgage lenders often require the borrower to maintain hazard insurance on the mortgaged property to protect the lender's interest in the collateral. If the borrower fails to keep the property insured, the lender has the option to secure the insurance itself and pass the cost on to the borrower.

In this proposed class action, Martha Schilke alleges that Wachovia Mortgage, FSB, her lender and holder of a mortgage on her home, fraudulently...

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