Case: U.S. v. American Family Mutual Insurance Company

2:90-cv-00759 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: July 27, 1990

Closed Date: 2000

Clearinghouse coding complete

Case Summary

Plaintiffs, the NAACP and African-American homeowners in Milwaukee, filed suit in 1990 in the U.S. District Court for the Eastern District of Wisconsin, alleging that Defendant-Insurance Company had systemically discriminated against minority homeowners in violation of the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., and the Wisconsin Open Housing Law, Wis. Stat. 101.22. Plaintiffs alleged that the Defendant refused to extend homeowners insurance or extended such insurance on less favorable …

Plaintiffs, the NAACP and African-American homeowners in Milwaukee, filed suit in 1990 in the U.S. District Court for the Eastern District of Wisconsin, alleging that Defendant-Insurance Company had systemically discriminated against minority homeowners in violation of the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., and the Wisconsin Open Housing Law, Wis. Stat. 101.22. Plaintiffs alleged that the Defendant refused to extend homeowners insurance or extended such insurance on less favorable terms to homeowners in predominantly minority neighborhoods in Milwaukee. U.S. District Court Judge J.P. Stadtmueller dismissed the FHA and state law claim, finding that the FHA does not cover insurance redlining and that the Plaintiffs lacked standing to assert the state law claim.

The Seventh Circuit reversed the District Court's ruling on the FHA claim on October 20, 1992. NAACP v. American Family Mut. Ins. Co., 978 F.2d 287 (7th Cir. 1992). The federal appellate court held that the FHA's prohibition against race-based housing discrimination includes discrimination involving race-based denials of homeowners insurance. The Supreme Court denied the Defendant-Insurance Company's petition for writ of certiorari in 1993. American Family Mut. Ins. Co. v. NAACP, 508 U.S. 907 (1993).

After the appellate court's ruling, the Department of Justice filed suit against the Defendant-Insurance Company on the FHA claim, and the District Court certified the private Plaintiffs' case as a class action. Without ever entering fact-findings, in 1995 the District Court accepted the parties' consent decree, which is available at https://www.justice.gov/crt/housing-and-civil-enforcement-cases-documents-317 

Under the terms of the consent decree, American Family agreed to an injunction against racial discrimination in insurance lending; to market its products and services to predominantly minority neighborhoods of Milwaukee; and to implement objective, race-neutral criteria for extending insurance coverage. The Defendant also consented to future testing procedures and to the creation of a Plaintiffs' committee to monitor implementation of the consent decree. The Defendant also agree to pay $9.5 million to community-based programs in Milwaukee and to create a $5 million fund to provide $10,000 in compensation to each person who had been discriminated against in the terms and conditions of their homeowners insurance or who had been wrongfully denied homeowners insurance by the Defendant. The District Court retained jurisdiction over the consent for five years.

 

Summary Authors

Andrew Nash (6/8/2008)

People


Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Coffey, John Louis (Wisconsin)

Attorney for Plaintiff

Abrams, Willie (Maryland)

Berman, Robert S. (District of Columbia)

Bolden, Victor A. (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:90-cv-00759

Docket [PACER]

NAACP v. American Family Mutual

May 31, 2000

May 31, 2000

Docket

2:90-cv-00759

Order

NAACP v. American Family Mutual

Dec. 17, 1990

Dec. 17, 1990

Order/Opinion

1990 U.S.Dist.LEXIS 18522

91-01176

Opinion

NAACP v. American Family Mutual

U.S. Court of Appeals for the Seventh Circuit

Dec. 7, 1992

Dec. 7, 1992

Order/Opinion

978 F.2d 287

92-01455

Order [Denying Writ of Certiorari]

American Family Mutual v. NAACP

Supreme Court of the United States

May 17, 1993

May 17, 1993

Order/Opinion

508 U.S. 907

2:90-cv-00759

Consent Decree

NAACP v. American Family Mutual

No Court

July 13, 1995

July 13, 1995

Settlement Agreement

Docket

Last updated March 26, 2025, 8:23 a.m.

ECF Number Date Description Link
28 Nov. 18, 1991

MOTION by pltfs for order for court to adopt proposed sch order (wied, )

PACER
29 Nov. 18, 1991

BRIEF by plaintiffs in support of motion for order for court to adopt proposed sch order [28-1] (wied, )

PACER
31 Nov. 18, 1991

BRIEF by defendant American Family Mutu in support of motion for protective order [30-1] (wied, ) (Entered: 11/19/1991)

PACER
32 Nov. 18, 1991

CERTIFICATE by defendant American Family Mutu in support of motions for protective order and cots. (wied, ) (Entered: 11/19/1991)

PACER
33 Nov. 18, 1991

AFFIDAVIT of Patricia Prime (wied, ) (Entered: 11/19/1991)

PACER
34 Nov. 18, 1991

AFFIDAVIT of Joye Peterson (wied, ) (Entered: 11/19/1991)

PACER
35 Nov. 18, 1991

AFFIDAVIT of Ann Walther (wied, ) (Entered: 11/19/1991)

PACER
36 Nov. 18, 1991

AFFIDAVIT of Alice Kissling (wied, ) (Entered: 11/19/1991)

PACER
37 Nov. 18, 1991

AFFIDAVIT of Alan Hunter (wied, ) (Entered: 11/19/1991)

PACER
38 Nov. 18, 1991

AFFIDAVIT of Brian McGrath (wied, ) (Entered: 11/19/1991)

PACER
39 Nov. 18, 1991

AFFIDAVIT of Steve Wilkie (wied, ) (Entered: 11/21/1991)

PACER
40 Nov. 21, 1991

ORDER by Judge J. P. Stadtmueller referring to Mag Judge Robert L. Bittner the motion for protective order [30-1]; file to RLB (cc: all counsel) (wied, ) (Entered: 11/25/1991)

PACER
41 Nov. 22, 1991

LETTER from defendants requesting the Court sign the proposed scheduling order enclosed with his 10/23/91 letter. (wied, )

PACER
42 Nov. 26, 1991

LETTER from plaintiffs re extension of time to file opposition brief to motion for protective order until 12/9/91. (wied, ) (Entered: 12/02/1991)

PACER
43 Dec. 2, 1991

ORDER by Judge J. P. Stadtmueller refering case to RLB for disposition of dispute re scheduling; documents to RLB (cc: all counsel) (wied, ) (Entered: 12/04/1991)

PACER
44 Dec. 9, 1991

MOTION by plaintiff to compel discovery , and for costs (wied, ) (Entered: 12/10/1991)

PACER
45 Dec. 9, 1991

BRIEF by plaintiff in SUPPORT of motion to compel discovery [44-1], of motion for costs [44-2] (wied, ) Modified on 12/10/1991 (Entered: 12/10/1991)

PACER
45 Dec. 9, 1991

BRIEF by plaintiffs in OPPOSITION to motion for protective order [30- 1] (wied, ) (Entered: 12/10/1991)

PACER
46 Dec. 9, 1991

AFFIDAVIT of WILLIAM H. LYNCH. (wied, ) (Entered: 12/10/1991)

PACER
47 Dec. 9, 1991

AFFIDAVIT of GRETCHEN MILLER in opposition to defendants motion for protective order and in support of plaintiffs motion to compel discovery. (wied, ) (Entered: 12/10/1991)

PACER
48 Dec. 10, 1991

ORDER by Mag Judge Robert L. Bittner ; Discovery ddl set for 3/1/93 ; Motion filing ddl set for 8/1/93 (cc: all counsel) (wied, ) (Entered: 12/11/1991)

PACER
49 Dec. 20, 1991

BRIEF by defendant American Family Mutu in opposition to motion to compel discovery [44-1] (wied, ) (Entered: 12/23/1991)

PACER
50 Dec. 20, 1991

AFFIDAVIT of Richard M. Esenberg (wied, ) (Entered: 12/23/1991)

PACER
51 Jan. 3, 1992

NOTICE of hearing setting hearing on motion to compel discovery [44- 1] 3:00 1/10/92 (cc: all counsel) (wied, )

PACER
52 Jan. 30, 1992

MOTION by plaintiffs to certify class action (wied, ) (Entered: 01/31/1992)

PACER
53 Jan. 30, 1992

BRIEF by plaintiffs in support of motion to certify class action [52-1] (wied, ) (Entered: 01/31/1992)

PACER
54 Jan. 30, 1992

AFFIDAVIT of Peter M. Koneazny with exh. (wied, ) Modified on 01/31/1992 (Entered: 01/31/1992)

PACER
55 Jan. 30, 1992

MOTION by plaintiffs to dismiss pltf Beverly Williams (wied, ) (Entered: 01/31/1992)

PACER
56 Jan. 30, 1992

CERTIFICATE OF COUNSEL respecting pltfs' motion to dismiss pltf Beverly Williams [55-1] (wied, ) (Entered: 01/31/1992)

PACER
57 Feb. 4, 1992

LETTER to RLB from pltf re proposed order. (wied, ) (Entered: 02/05/1992)

PACER
58 Feb. 7, 1992

LETTER from defendant American Family Mtl to RLB in response to Mr. Lynch's 2/4/92 letter. (wied, ) (Entered: 02/10/1992)

PACER
59 Feb. 7, 1992

CERTIFICATE of serv (wied, ) (Entered: 02/10/1992)

PACER
Feb. 26, 1992

MARGINAL ORDER by Judge J. P. Stadtmueller granting motion to dismiss pltf Beverly Williams [55-1] (cc: all counsel) (wied, ) (Entered: 02/28/1992)

PACER
60 Feb. 27, 1992

BRIEF by defendant American Family Mtl in opposition to pltfs' motion to certify class action [52-1] (wied, ) (Entered: 02/28/1992)

PACER
61 Feb. 27, 1992

AFFIDAVIT of Richard M. Esenberg in support of dft's brief in opposition to pltfs' motion for class certification (wied, ) Modified on 02/28/1992 (Entered: 02/28/1992)

PACER
62 Feb. 27, 1992

AFFIDAVIT of Scott Romito in support of dft's brief in opposition to pltfs' motion for class certification (wied, ) Modified on 02/28/1992 (Entered: 02/28/1992)

PACER
63 Feb. 27, 1992

AFFIDAVIT of James Schwartz in support of dft's brief in opposition to pltfs' motion for class certification (wied, ) Modified on 02/28/1992 (Entered: 02/28/1992)

PACER
64 Feb. 27, 1992

CERTIFICATE of MAILING by defendant American Family Mtl (wied, ) (Entered: 02/28/1992)

PACER
66 March 16, 1992

ORDER by Judge J. P. Stadtmueller granting in part and denying in part pltf's motion to compel discovery [44-1]. Dft. will provide names and office addresses or last known home address. Dft does not have to identify or produce the names of minority agents but has agreed to produce any documents from which it identified African-American agents. Denying motion for protective order [30-1] as it relates to the race of American Family's employees and agents. With respect to "other lines" of insurance, the pltf's motion to compel further responses to document requests 14 and 16 are denied, the dft's motion for a protective order is granted, and the pltf is precluded form any inquiry into the dft's procedures and policies regarding lines of insurance other than homeowners' insurance. The pltf's motion to compel Alan Hunter and Bradley Gleason to respond to questions they refused to answer at their depositions is denied. The pltf's motion for sanctions is denied. terminating case referral to Mag Judge Robert L. Bittner File back to JPS 3/17/92. (cc: all counsel) (wied, ) (Entered: 03/17/1992)

PACER
67 March 17, 1992

REPLY BRIEF by plaintiffs in support of motion to certify class action [52-1] (wied, ) Modified on 03/18/1992 (Entered: 03/18/1992)

PACER
68 March 17, 1992

CERTIFICATE of SERVICE by plaintiffs (wied, ) (Entered: 03/18/1992)

PACER
69 March 20, 1992

LETTER from defendants' attorney, Richard M. Esenberg, regarding the proposed order sent at an earlier date. (wied, )

PACER
70 March 27, 1992

LETTER from atty First to clerk re address. (wied, )

PACER
71 April 6, 1992

NOTICE OF FILING ORIGINAL TRANSCRIPT of the deposition of Dennis H. Beaudry. (wied, )

PACER
72 April 6, 1992

NOTICE OF FILING ORIGINAL TRANSCRIPT of the deposition of James A. Baade. (wied, )

PACER
73 April 6, 1992

NOTICE OF FILING ORIGINAL TRANSCRIPT of the deposition of Spencer J. Du Four. (wied, )

PACER
74 April 17, 1992

STIPULATION and ORDER by Judge J. P. Stadtmueller: ; Discovery ddl set for 7/1/93; Motion filing ddl set for 12/1/93 ; ddl for pltfs to disclose expert witnesses is set for 9/1/92; ddl for dft to disclose expert witnesses is set for 90 days after dft obtains the transcripts of the depositions of pltfs' experts. (cc: all counsel) (wied, ) (Entered: 04/20/1992)

PACER
75 June 3, 1992

LETTER from Peter M. Koneazny regarding the stipulation as to class certification. (wied, )

PACER
76 Sept. 23, 1992

STIPULATION AND ORDER by Judge J. P. Stadtmueller: IT IS HEREBY ORDERED that the plaintiff class definition is as stated. (cc: all counsel) (wied, ) (Entered: 09/25/1992)

PACER
77 Nov. 2, 1992

LETTER ORDER by Judge J. P. Stadtmueller: Case reassigned to Judge Rudolph T. Randa . (cc: all counsel) (wied, ) (Entered: 11/03/1992)

PACER
78 Nov. 6, 1992

NOTICE of change of address by Attorney Gretchen E. Miller (attorney for the plaintiffs'). (cad, ) (Entered: 11/09/1992)

PACER
79 Nov. 9, 1992

STIPULATION and ORDER by Judge Rudolph T. Randa : It Is Hereby Ordered, that American Family is ordered to produce computer tapes as described on the terms & conditions set forth (see file for stipulation). (cc: all counsel) (cad, ) (Entered: 11/10/1992)

PACER
80 Dec. 17, 1992

CERTIFIED COPY of judgment from USCA affirming in part, reversing and remanding for proceedings consistent with the opinion of the USCA with attached slip opinion and bill of costs in the amount of $1041.60 taxed in favor of pltfs. (kmm, ) (Entered: 12/21/1992)

PACER
Dec. 17, 1992

RECORD on appeal to be returned at a later date: Volumes of pleadings (1) & Loose pleadings(2) from U.S. Court of Appeals 91-1176 (cad, ) (Entered: 12/18/1992)

PACER
81 Jan. 11, 1993

STIPULATION and ORDER by Judge Rudolph T. Randa : That the foregoing revised scheduling order shall modify the scheduling orders previously entered in this action & shall control this action unless modified by a subsequent order ; Discovery ddl reset for 8/15/94 ; Motion filing ddl reset for 7/15/94 (cc: all counsel) (cad, ) (Entered: 01/12/1993)

PACER
Feb. 4, 1993

RECORD on appeal returned from U.S. Court of Appeals 91-117 6 (1) Volumes of Pleadings; (2) Loose Pleadings (cad, ) (Entered: 02/09/1993)

PACER
82 March 3, 1993

NOTICE of hearing ; Final Pretrial conference set for 1/13/95 at 9:00 a.m. ; Jury trial set for 2/6/95 at 9:30 a.m. (cc: all counsel) (cad, ) (Entered: 03/04/1993)

PACER
83 April 9, 1993

STIPULATION and ORDER by Judge Rudolph T. Randa : That the defendant will supplement its responses to the Plaintiffs' Sixth Request for Production of Documents as described in the Stipulation and the plaintiffs will abide by the terms & conditions set forth in the Stipulation as to the use & dissemination of the information supplied by the defendants pursuant to the Stipulation (see the Stipulation & Order for details). (cc: all counsel) (cad, ) Modified on 04/13/1993 (Entered: 04/13/1993)

PACER
84 Oct. 28, 1993

MOTION by defendant American Family Mtl to enforce the Scheduling Order (cad, )

PACER
85 Oct. 28, 1993

BRIEF by defendant American Family Mtl in support of motion to enforce the Scheduling Order [84-1] (cad, )

PACER
86 Oct. 28, 1993

AFFIDAVIT of Richard M. Esengerg (cad, )

PACER
87 Oct. 28, 1993

CERTIFICATE of Service (cad, )

PACER
88 Nov. 18, 1993

MOTION by plaintiffs' to Modify the Scheduling Order (cad, ) Modified on 11/18/1993

PACER
89 Nov. 18, 1993

BRIEF by plaintiffs' in support of motion to Modify the Scheduling Order [88-1] (cad, ) Modified on 11/18/1993

PACER
90 Nov. 18, 1993

AFFIDAVIT of Gretchen E. Miller (cad, )

PACER
91 Nov. 18, 1993

AFFIDAVIT of William Lynch (cad, )

PACER
92 Dec. 6, 1993

REPLY BRIEF by defendants' in support of motion to enforce the Scheduling Order [84-1] (cad, ) (Entered: 12/07/1993)

PACER
92 Dec. 6, 1993

BRIEF by defendants' in opposition to motion to Modify the Scheduling Order [88-1] (cad, ) (Entered: 12/07/1993)

PACER
152 Jan. 3, 1994

REPLY BRIEF by American Family Mtl in support of motion in limine to exclude evidence [118-1] (bjp, ) (Entered: 01/04/1995)

PACER
93 Feb. 10, 1994

MOTION by defendant American Family Mtl to exclude Expert Testimony (cad, ) (Entered: 02/11/1994)

PACER
94 Feb. 10, 1994

BRIEF by defendant American Family Mtl in support of motion to exclude Expert Testimony [93-1] (cad, ) (Entered: 02/11/1994)

PACER
95 Feb. 10, 1994

AFFIDAVIT of Kurt S. Meckstroth (cad, ) (Entered: 02/11/1994)

PACER
96 Feb. 10, 1994

AFFIDAVIT of Richard M. Esenberg (cad, ) (Entered: 02/11/1994)

PACER
97 March 7, 1994

MOTION by Celestine Lindsey, Dorothy Listenbee, James Milner, Dianne Pratt, Marvin Pratt, Simon Williams, Beverly Williams, Lois Woods, NAACP to amend scheduling order (bjp, ) (Entered: 03/08/1994)

PACER
98 March 24, 1994

BRIEF by defendant American Family Mtl in support of its motion to exclude expert testimony . . . . (bdr, ) (Entered: 05/18/1994)

PACER
98 March 24, 1994

. . . .BRIEF by defendant American Family Mtl in opposition to motion to amend scheduling order [97-1] (bdr, ) (Entered: 05/18/1994)

PACER
99 March 24, 1994

AFFIDAVIT/VERIFICATION of Richard M. Esenberg (mjk, )

PACER
103 April 3, 1994

DECISION AND ORDER: by Judge Rudolph T. Randa amending motion to Modify the Scheduling Order [88-1], denying motion to enforce the Scheduling Order [84-1] (cc: all counsel) (mjk, ) (Entered: 05/05/1994)

PACER
100 April 14, 1994

MOTION by defendant American Family Mtl to withdraw motion (wied, )

PACER
101 April 14, 1994

CERTIFICATE of service. (eeb, )

PACER
102 April 20, 1994

STIPULATION and ORDER by Judge Rudolph T. Randa : granting motion to exclude expert testimony [98-1] (cc: all counsel) (bjp, ) (Entered: 04/21/1994)

PACER
104 May 6, 1994

STIPULATION and ORDER by Judge Rudolph T. Randa : ; Discovery ddl 11/15/94 (cc: all counsel) (bjp, ) (Entered: 05/10/1994)

PACER
105 July 5, 1994

ATTORNEY APPEARANCE for plaintiff NAACP by Walter F. Kelly (kmm, )

PACER
106 July 11, 1994

STIPULATION and ORDER to modify scheduling order by Judge Rudolph T. Randa : (cc: all counsel) (bjp, )

PACER
107 Aug. 15, 1994

WITNESS list submitted by American Family Mtl (bjp, ) (Entered: 08/16/1994)

PACER
108 Oct. 17, 1994

MOTION by NAACP to bifurcate trial (bjp, ) (Entered: 10/18/1994)

PACER
109 Oct. 17, 1994

BRIEF by NAACP in support of motion to bifurcate trial [108-1] (bjp, ) (Entered: 10/18/1994)

PACER
110 Oct. 17, 1994

MOTION by NAACP to certify class action (bjp, ) (Entered: 10/18/1994)

PACER
111 Oct. 17, 1994

BRIEF by NAACP in support of motion to certify class action [110-1] (bjp, ) (Entered: 10/18/1994)

PACER
112 Oct. 17, 1994

PROPOSED Notice of class action submitted by NAACP (bjp, ) (Entered: 10/18/1994)

PACER
113 Oct. 19, 1994

LETTER from Atty. William Lynch regarding status conference (bjp, ) (Entered: 10/20/1994)

PACER
114 Oct. 19, 1994

MOTION by American Family Mtl for leave to file materials instanter (bjp, ) (Entered: 10/20/1994)

PACER
115 Oct. 19, 1994

SUPPLEMENT to lay witness list by American Family Mtl (bjp, ) (Entered: 10/20/1994)

PACER
116 Oct. 19, 1994

MOTION by American Family Mtl in limine to exclude testimony (bjp, ) Modified on 12/20/1994 (Entered: 10/20/1994)

PACER
117 Oct. 19, 1994

BRIEF by American Family Mtl in support of motion in limine [116-1] (bjp, ) (Entered: 10/20/1994)

PACER
118 Oct. 19, 1994

MOTION by American Family Mtl in limine to exclude evidence (bjp, ) Modified on 12/20/1994 (Entered: 10/20/1994)

PACER
119 Oct. 19, 1994

BRIEF by American Family Mtl in support of motion to exclude evidence [118-1] (bjp, ) (Entered: 10/20/1994)

PACER
120 Oct. 19, 1994

CERTIFICATE of mailing by American Family Mtl (bjp, ) (Entered: 10/20/1994)

PACER
121 Oct. 19, 1994

AFFIDAVIT/VERIFICATION of Michael J. Aprahamian (bjp, ) (Entered: 10/20/1994)

PACER
122 Oct. 20, 1994

LETTER from William H. Lynch to Court dated 10/20/94 (bjp, ) (Entered: 10/21/1994)

PACER

Case Details

State / Territory:

Wisconsin

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 27, 1990

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Civil rights organization and eight members challenging redlining as form of racial discrimination in which insurers declined to write insurance or charged higher rates for people in certain areas

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

American Family Mutual Insurance Company

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

Other Dockets:

Eastern District of Wisconsin 2:90-cv-00759

U.S. Court of Appeals for the Seventh Circuit 91-01176

Supreme Court of the United States 92-1455

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Funding

Discrimination Area:

Insurance

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation