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Try CasePortal for FreeJ. Bennett grants a mortgage company’s partial motion to dismiss underwriters’ claim seeking a declaration that they do not owe a duty to defend or indemnify the mortgagor, which is being sued for allegedly engaging in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The insurer’s duty to indemnify is not ripe. This case shall proceed to discovery on the counterclaims between the insurer and mortgage company.
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