NAACP v. American Family Insurance Co.

1992

Court: 7th Circuit court of appeals

Facts: AmFam charges different insurance premiums based on location, which is tied to race.

Posture: NAACP files suit, district judge dismisses. Appeal.

Issue: Should a suit deciding whether redlining in the insurance industry is violative of FHA be dismissed?

Holding: No. Let's have a trial.

Rule: 1964 Civil Rights Act 42 USC § 3604

Reasoning: Risk discrimination is not race discrimination. But failing to make housing available is suspicious, and insurance is a pre-requisite for housing loans. This falls within the language of discriminating [...] in the provision of services and facilities in connection with the sale or rental of a dwelling.

Dicta: