Filed Date: May 4, 1978
Clearinghouse coding complete
Plaintiffs were black homeowners in a predominantly black neighborhood of Cincinnati. They purchased insurance from Defendants--an insurance company and its local affiliate--in 1955. After defendants terminated coverage for their neighborhood in 1977, Plaintiffs filed suit in the U.S. District Court for the Southern District of Ohio, alleging that the Defendants had terminated insurance coverage based on the racial composition of Plaintiffs' neighborhood, in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619.
U.S. District Court Judge Rubin denied the Defendants' motion to dismiss on August 25, 1978, holding that a denial of home insurance could constitute a denial of credit in connection with home ownership, thus proving a violation of the FHA. On June 20, 1979, Judge Rubin reconsidered the Defendants' motion to dismiss and again held that the FHA prohibited racially motivated denials of insurance connected to home ownership. Dunn v. Midwestern Indem. Mid-American Fire & Casualty Co., 472 F. Supp. 1106 (S.D. Ohio 1979).
On September 26, 1980, Judge Rubin held that the Plaintiffs' could obtain copies of Defendants' computer records as part of the their Discovery. Dunn v. Midwestern Indem. Mid-American Fire & Casualty Co., 88 F.R.D. 191 (S.D. Ohio 1980).
We have no additional information about this case.
Summary Authors
Andrew Nash (6/2/2008)
Brown, Ashley (Ohio)
Alexander, Robert (Ohio)
Bartlett, Robert P Jr. (Ohio)
Dunsky, Gregory P. (Ohio)
Ferguson, Douglas K. (Ohio)
Rice, Walter Herbert (Ohio)
Rubin, Carl Bernard (Ohio)
Last updated March 14, 2024, 3:09 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Ohio
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: May 4, 1978
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Black homeowners whose insurance policy was canceled by the defendants allegedly because of a decision to remove policies in predominantly black areas from the company's portfolio.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Midwestern Indemnity Mid-American Fire and Casualty Company, Private Entity/Person
Borchers Insurance Company, Private Entity/Person
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: