To see if you will be affected by this class action, you first have to determine if you are a member of the Fay Settlement Class. The "Fay Settlement Class" includes:
- All borrowers in the United States who, from January 1, 2009 to August 9, 2017 (“Settlement Class Period”), inclusive of those dates, were charged by Fay for a hazard, flood, flood-gap, or wind-only LPI Policy for Residential Property issued and/or procured by the Insurer Defendants during the Settlement Class Period and who either (i) paid to Fay all or part of the Net Premium for that LPI Policy, or (ii) were charged but did not pay and still owe to Fay the Net Premium for that LPI Policy.
Excluded from the Fay Settlement Class are: (i) individuals who are or were during the Settlement Class Period officers or directors of Fay, Insurer Defendants, or of any of their respective Affiliates; (ii) any justice, judge, or magistrate judge of the United States or of any State, their spouses, and persons within the third degree of relationship to any of them, or the spouses of such persons; (iii) borrowers who only had an LPI Policy that was cancelled in its entirety such that any premiums charged and/or collected were fully refunded or credited to the borrower or the borrower’s escrow account; and (iv) all borrowers who file a timely and proper request to be excluded from the Fay Settlement Class.
The Settlement Class Period begins on January 1, 2009 and continues through and including August 9, 2017.
LPI Policy means one or more certificates for lender-placed hazard, flood, flood-gap, or wind insurance policy or policies issued by one of the Insurer Defendants applicable to a borrower’s Residential Property, and placed pursuant to a mortgage loan agreement, home equity loan agreement, or home equity line of credit serviced by Fay to cover a borrower’s failure to maintain the required insurance coverage on the residential property securing the loan.