Alpert v. Nationstar Mortg., LLC

Alpert v. Nationstar Mortg., LLC

The filed rate doctrine applies to intermediaries (e.g., mortgage servicers and brokers) when awarding damages against those intermediaries would squarely attack or require reevaluation of agency-approved filed rates; therefore suits against nonfiling intermediaries are barred to the same extent as suits against rate-filers when the relief would directly undermine the filed rate.

Citation
494 P.3d 419
Parties
Plaintiff Appellant: Spencer Alpert; Defendant Appellee (mortgage Servicer): Nationstar Mortgage, LLC; Defendant Appellee (broker/subsidiary): Harwood Service Company; Defendant (insurer): American Security Insurance Company; Defendant (insurer): Standard Guaranty Insurance Company; Defendant (insurer): Assurant, Inc.
Court
Washington Supreme Court
Jurisdiction
United States
Judgment Date
2 September 2021
Case Number
99377-7
Procedural Posture
Certified Questions From United States Court of Appeals, Ninth Circuit / Answering Certified Questions Before Washington Supreme Court
Outcome
First certified question answered in the affirmative: the filed rate doctrine can bar claims against intermediaries where awarding damages would squarely attack the filed rate. The court declines to answer the second certified question and directs the Ninth Circuit to revisit and apply McCarthy to the specific...
Legal Topics
Filed Rate Doctrine, Force Placed (lender Placed) Insurance, Kickback/rebate Allegations, Agency Rate Approval, Damages Limitation, Primary Jurisdiction
Source Language
English
Insurance Law Administrative Law Consumer Protection Contract Law Tort Law Rico/white Collar Filed Rate Doctrine Force Placed (lender Placed) Insurance +4 more

Case Brief

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Parties

Spencer Alpert

Plaintiff Appellant

Nationstar Mortgage, LLC

Defendant Appellee (mortgage Servicer)

Harwood Service Company

Defendant Appellee (broker/subsidiary)

American Security Insurance Company

Defendant (insurer)

Standard Guaranty Insurance Company

Defendant (insurer)

Assurant, Inc.

Defendant (insurer)

Procedural Posture

Certified Questions From United States Court of Appeals, Ninth Circuit / Answering Certified Questions Before Washington Supreme Court

Legal Issues

  1. 1 Whether the filed rate doctrine bars suit against intermediaries (mortgage servicer and broker) who did not file insurance rates
  2. 2 Whether the damages requested fall outside the filed rate doctrine or directly attack agency-approved rates under McCarthy

Ratio Decidendi

The filed rate doctrine applies to intermediaries (e.g., mortgage servicers and brokers) when awarding damages against those intermediaries would squarely attack or require reevaluation of agency-approved filed rates; therefore suits against nonfiling intermediaries are barred to the same extent as suits against rate-filers when the relief would directly undermine the filed rate.

Court Disposition

First certified question answered in the affirmative: the filed rate doctrine can bar claims against intermediaries where awarding damages would squarely attack the filed rate. The court declines to answer the second certified question and directs the Ninth Circuit to revisit and apply McCarthy to the specific...

Orders

  • Filed rate doctrine applies to intermediaries when damages would directly attack agency-approved rates
  • Decline to answer second certified question; remand to Ninth Circuit to revisit and apply McCarthy v. Premera to plaintiff's damages allegations