Courthouse, Newburgh, New York. Image courtesy of New York Public Library.
This article continues the last previous series installments published on Insurance Claims and Issues Blog on Wednesday, March 9, 2016. Here they are, in order: one, two, and three.
Just as the Clarizia defendants relied only on Rothstein and not on the record, so the District Judge relied on Rothstein and not the record. The Court in Clarizia dismissed the lender force-placed insurance claims at issue and directed the Clerk "to terminate this case."
As the defendants attached a copy of the Rothstein case to their letter in Clarizia, so again the judge in Clarizia attached to his opinion a copy of his own opinion in a previous case, Lyons v. Litton Loan Servicing LP.
The next article in this series will explain why Lyons v. Litton Loan Servicing LP was recently raised in a case in South Florida by the same lawyers who successfully wrote a letter to a judge asking the judge to dismiss Clarizia in Southern New York.
Please Read The Disclaimer. ©2016 by Dennis J. Wall, author of "Lender Force-Placed Insurance Practices" (American Bar Association 2015). All rights reserved.
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