United States Eighth Circuit

In purported class actions on behalf of persons living in a "single, contiguous black community in Kansas City" claiming, inter alia, that defendant-insurance companies violated the Fair Housing Act, and federal civil rights laws by charging higher rates to homeowners in such community than those charged to homeowners in white communities, dismissal of plaintiffs' claims is affirmed where the theory of liability asserted and the relief sought by plaintiffs would impair state law by interfering with Missouri's comprehensive administrative regime, and thus the claims are barred by the McCarran-Ferguson Act.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, HANSEN and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas J. Henderson, argued, Michael D. Lieder, on the brief, Washington, DC, for appellant., Karl Gellert, argued, Washington, DC, Dennis J. Dimsey, and Gregory B. Friel, Washington, DC, on the brief for amicus, USA, John C. Brittain, Michael L. Foreman, Audrey J. Wiggins and Nichole Birch, Washington, DC, Joe R. Whatley, Jr., W. Tucker Brown and, Adam P. Plant, Birmingham, AL, for amicus, Lawyers' Committee for Civil Rights.


• For Appellees:
  
• John Oberdorfer, argued, Washington, DC, for appellee. Denise K. Drake, on the brief, Kansas City, MO, for appellee, Shelter General Ins.  R. Lawrence Ward, Mark A. Olthoff, Kansas City, MO, and Cynthia T. Andreason, Washington, DC, on the brief, for appellees, Farmers Insurance, Fire Insurance, and Mid-Century Insurance. Jamie S. Gardner, Washington, DC, and Alok Ahuja, Kansas City, MO, on the brief, for American Family Mutual Insurance.