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ALPERT v. NATIONSTAR MORTG. LLC

No. 19-35867.

983 F.3d 1129 (2020)

Spencer ALPERT, Plaintiff-Appellant, v. NATIONSTAR MORTGAGE LLC, a Delaware limited liability company; Harwood Service Company, a Delaware corporation, Defendants-Appellees, and American Security Insurance Company, a Delaware corporation; Standard Guaranty Insurance Company; Assurant, Inc., a Delaware corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed December 31, 2020.

Attorney(s) appearing for the Case

Jason Anderson , Emerald City Law Firm PC, Seattle, Washington, for Plaintiff-Appellant.

Justin D. Balser and Taylor T. Haywood , Akerman LLP, Denver, Colorado; Bryan T. Brown , Akerman LLP, Dallas, Texas; for Defendants-Appellees.

Before: Ronald M. Gould and Michelle T. Friedland, Circuit Judges, and Stephen R. Bough, District Judge.

ORDER CERTIFYING QUESTIONS TO THE WASHINGTON SUPREME COURT

This case concerns whether the filed rate doctrine applies to a claim that a mortgage lender overcharged for force placed insurance when it passed through to a borrower the rate approved by the governing regulatory agency. The filed rate doctrine is a judicially created doctrine that bars plaintiffs from suing based on allegedly unreasonable rates if those rates were agency-approved. See McCarthy Fin...

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