Case: Dunn v. Midwestern Indemnity Mid-American Fire and Casualty Company

3:78-00105 | U.S. District Court for the Southern District of Ohio

Filed Date: May 4, 1978

Clearinghouse coding complete

Case Summary

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 (F…

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)

People


Judge(s)

Rice, Walter Herbert (Ohio)

Rubin, Carl Bernard (Ohio)

Attorneys(s) for Plaintiff

Brown, Ashley (Ohio)

Grandjean, Dalma (Ohio)

Vaughn, Noel (Ohio)

Attorneys(s) for Defendant

Alexander, Robert (Ohio)

Bartlett, Robert P Jr. (Ohio)

Dunsky, Gregory P. (Ohio)

Ferguson, Douglas K. (Ohio)

Freund, Neil F. (Ohio)

Judge(s)

Rice, Walter Herbert (Ohio)

Rubin, Carl Bernard (Ohio)

Attorneys(s) for Plaintiff

Brown, Ashley (Ohio)

Grandjean, Dalma (Ohio)

Vaughn, Noel (Ohio)

Attorneys(s) for Defendant

Alexander, Robert (Ohio)

Bartlett, Robert P Jr. (Ohio)

Dunsky, Gregory P. (Ohio)

Ferguson, Douglas K. (Ohio)

Freund, Neil F. (Ohio)

Greer, David C. (Ohio)

Jenks, Thomas (Ohio)

Quaini, Dwayne (Illinois)

Snyder, Herbert (Indiana)

Webber, Barbara (Indiana)

Other Attorney(s)

Goldberg, Stuart (Ohio)

Peck, David W. (Ohio)

Documents in the Clearinghouse

Document

Order [Denying Defendants' Motion for Reconsideration]

Dunn v. Midwestern Indemnity

472 F.Supp. 1106

June 20, 1979 Order/Opinion

Partial Decision Concerning Defendants' Objections and Motions for Protective Order to Plaintiffs' Discovery Requests [...]

Dunn v. Midwestern Indemnity

88 F.R.D. 191

Sept. 26, 1980 Order/Opinion

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

Last updated May 11, 2022, 8 p.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):

Private Plaintiff

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.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Funding

Discrimination-area:

Insurance

Discrimination-basis:

Race discrimination

Race:

Black