Gilman Law LLP Files Force-Placed Flood Insurance Lawsuit Against M&T Bank
BOSTON -- November 14, 2013
Gilman Law LLP has filed an action against M&T Bank Corporation ("M&T"),
Assurant, Inc., and other related defendants on behalf of homeowners who had
flood insurance force placed on their property. The case is styled Dobish v.
M&T Bank Corp. et al. (No. 1:13-cv-01098-RJA) and was filed on November 5,
2013 in the U.S. District Court for the Western District of New York.
The Dobish Flood Insurance Lawsuit
According to the complaint, Mr. and Mrs. Dobish, residents of Pennsylvania,
took out a home equity line of credit ("HELOC") with M&T (Complaint, paras.
20-32). Shortly thereafter, and before the couple had even borrowed any money
under the HELOC, M&T notified the couple that their home was in a Special
Flood Hazard Area ("SFHA") pursuant to National Flood Insurance Program maps.
As such, they were required to maintain flood insurance on their home. Mr. and
Mrs. Dobish disagreed with M&T, so they submitted evidence obtained from the
City of Wilkes-Barre that clearly showed their home was not in a SFHA. M&T did
not accept the City's statement, however, and summarily force-placed a
backdated flood insurance policy through a subsidiary of Assurant on the
As a result of M&T's action, Mr. and Mrs. Dobish cancelled their HELOC. After
cancellation, M&T refunded the couple the unused portion of their flood
insurance premium. Thereafter, the couple presented additional evidence to M&T
from the Federal Emergency Management Agency ("FEMA") that definitively
established that their home was not in a SFHA. M&T, however, refused to issue
a refund for the additional flood insurance premium that they had retained.
Hence, Mr. and Mrs. Dobish initiated a lawsuit.
Force-Placed Flood Insurance
The facts of the Dobish case are not unique in the force placed flood
insurance context. In fact, Gilman Law LLP is representing numerous other
individuals in force-placed insurance matters, including flood cases such as
Casey v. CitiBank, N.A. et al. (No. 5:12-cv-00820) in the U.S. District Court
for the Northern District of New York and Hutchings v. Nationstar Mortgage LLC
et al. (No. 1:13-cv-00569) in the U.S. District Court for the Northern
District of Ohio – Eastern Division. These lawsuits, along with investigations
that have been initiated by regulators, have placed never before seen scrutiny
on the force-placed insurance market that may provide an opportunity for
victims of force-placed insurance to obtain monetary relief.
Although mortgage lenders and servicers can typically impose, or force-place,
flood insurance on homes when a borrower has allowed a policy to lapse, a
number of regulatory investigations have raised questions about the predatory
practices that lenders and mortgage services may engage in when force-placing
insurance in an effort to earn "kickback" commissions from insurers for
placing such insurance policies. In fact, according to the New York State
Department of Financial Services, many insurers paid kickback commissions to
banks when they force-placed flood, hazard, or wind insurance on a property
and this practice pushed up the price of force-placed insurance by creating
incentives for the banks to buy policies with high insurance premiums.
As a result of these harmful business practices, victims of force placed
insurance may be entitled to financial compensation, but the time to act is
Force Placed Insurance Claims
Gilman Law LLP’s force placed insurance lawyers believe numerous other
individuals may have been pushed into foreclosure or had their credit ruined
as a result of forced placed insurance. In fact, the Firm believes that some
force-placed insurance victims could be entitled to monetary compensation
equaling as much as 25% of the premiums that they were assessed. Thus, any
affected consumer should immediately contact the Firm for a free, no
obligation consultation on a force placed insurance lawsuit.
In addition to M&T, Gilman Law LLP continues to prosecute forced placed
insurance lawsuits against other lenders and servicers, including Bank of
America, Citibank, OCWEN, U.S. Bank, Green Tree, Nationstar, Chase, ING, and
Capital One. If any of these lenders held a mortgage on your home and
force-placed flood insurance on your property, it is critical for you to
contact Gilman Law LLP today, at 1-888-252-0048, to preserve your right to
monetary relief. Do not hesitate! Call Gilman Law LLP now to ensure your legal
rights are not forfeited.
About Gilman Law LLP
Gilman Law LLP, a leading consumer law firm with offices in Florida and
Massachusetts, has been recognized for delivering successful results to their
clients across a broad range of claims stemming from consumer product injury,
mass tort, and class action lawsuits. For over 34 years, the Gilman Law LLP
team of highly experienced lawyers has earned renown for tireless work on
behalf of their clients on many of today's most challenging and important
Gilman Law LLP
Kenneth G. Gilman, 1-888-252-0048
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