Arbitration Denied: Brantley v. Republic Mortgage

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Arbitration Denied: Brantley v. Republic Mortgage

Postby Administrator » Sun Mar 26, 2006 5:21 pm

In Brantley v. Republic Mortgage Ins. Co., 424 F.3d 392, 396 (4th Cir.2005), the plaintiffs were home buyers who sued their mortgage insurer for increasing their insurance premiums based on information contained in their consumer credit reports. Plaintiffs complained that this practice violated provisions of the Fair Credit Reporting Act. Id. at 394. The defendants moved to compel arbitration on equitable estoppel grounds, arguing that the plaintiffs' mortgage contained an arbitration clause. Id. at 395. The court held that the plaintiffs' lawsuit was not sufficiently related to the contract to require arbitration; it noted that the lawsuit concerned mortgage insurance premiums and not the underlying mortgage contract itself. Id. at 396.

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