ALPERT v. NATIONSTAR MORTGAGE, LLC

No. 99377-7 (certified C19-35867).

494 P.3d 419 (2021)

Certification from the United States Court of Appeals, Ninth Circuit in 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, a Delaware corporation; Assurant, Inc., a Delaware corporation, Defendants.

Supreme Court of Washington.

Filed: September 2, 2021.


Attorney(s) appearing for the Case

Jason Ellis Anderson , Attorney at Law, 5355 Tallman Ave. NW Ste. 207, Seattle, WA, 98107-3954, for Plaintiff.

Justin Donald Balser , Attorney at Law, 1900 16th St. Ste. 1700, Denver, CO, 80202-5259, Katalina Baumann , Nationstar Mortgage LLC, 601 West Fifth Street, Suite 300, Los Angeles, CA, 90071, Bryan Brown , Nationstar Mortgage LLC, 2001 Ross Avenue, Suite 3600, Dallas, TX, 75201, Taylor Haywood , Nationstar Mortgage LLC, 1900 Sixteenth Street, Suite 1700, Denver, CO, 80202, Eric M. Levine , Akerman Law Firm, 777 S. Flagler Drive, Suite 1100w, West Palm Beach, FL, 33401, Daniel J. Gibbons , Witherspoon Kelley, 422 W. Riverside Ave. Ste. 1100, Spokane, WA, 99201-0300, Steven Joseph Dixson , Attorney at Law, 422 W. Riverside Ave. Ste. 1100, Spokane, WA, 99201-0302, for Defendants.

Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave. Ste. 1300, Spokane, WA, 99201-0305, for Amicus Curiae on behalf of Washington State Assoc. for Justice Foundation.

Ian S. Birk , Keller Rohrback, LLP, 1201 3rd Ave. Ste. 3200, Seattle, WA, 98101-3052, for Amicus Curiae on behalf of United Policyholders.


¶ 1 This case arrives via certified questions from the Ninth Circuit Court of Appeals and involves a homeowner who failed to insure his property. When the homeowner failed to insure his property, the mortgage servicer purchased insurance to cover the property pursuant to the mortgage agreement. This type of policy is known as "force...

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