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ROTHSTEIN v. BALBOA INS. CO.

Docket No. 14-2250-cv.

794 F.3d 256 (2015)

Landon ROTHSTEIN, individually and on behalf of all others similarly situated, Robert Davidson, Ihor Kobryn, individually and on behalf of all others similarly situated, Jennifer Davidson, Plaintiffs-Appellees, v. BALBOA INSURANCE COMPANY, Newport Management Corporation, MeritPlan Insurance Company, Defendants-Appellants, GMAC Mortgage, LLC, f/k/a GMAC Mortgage Corporation, GMAC Insurance Marketing, Inc., d/b/a GMAC Agency Marketing, John Does 1-20, Ally Financial, Inc., f/k/a GMAC, Inc., Ally Bank, f/k/a GMAC Bank, John Doe Corporation, Praetorian Insurance Company, QBE First Insurance Agency, Inc., QBE Insurance Corporation, QBE Specialty Insurance Company, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 22, 2015.

Attorney(s) appearing for the Case

Ross E. Morrison ( Robyn C. Quattrone and Katherine L. Halliday , BuckleySandler LLP, Washington, D.C., John C. Englander , Goodwin Procter LLP, Boston, MA, Brian T. Burgess , Goodwin Procter LLP, Washington, D.C., on the brief), BuckleySandler LLP, New York, New York, for Defendants-Appellants.

Mark A. Strauss ( Thomas W. Elrod , on the brief), Kirby McInerney LLP, New York, New York, for Plaintiffs-Appellees.

Frank G. Burt , Denise A. Fee , W. Glenn Merten , and Brian P. Perryman , Carlton Fields Jorden Burt, P.A., Washington, D.C., for Amicus Curiae American Security Insurance Company.

Before: JACOBS, HALL, and LYNCH, Circuit Judges.

Plaintiffs are borrowers who failed to purchase hazard insurance on their mortgaged properties, as required by the terms of their loan agreements. Their loan servicer, GMAC Mortgage LLC ("GMAC"), bought lender-placed insurance ("LPI") from Balboa Insurance Company and MeritPlan Insurance Company (together, "Balboa"...

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