Class Action Accusing Bank, Captives of Mortgage Reinsurance Kickback Scheme Survives Dismissal

PITTSBURGH — Plaintiffs in a class action accusing Fifth Third Bank and its captive reinsurers of engaging in a mortgage reinsurance kickback scheme have adequately pled an entitlement to equitable tolling, a Pennsylvania federal judge has ruled in denying defendants’ motion to dismiss.

On Feb. 5, Judge Mark R. Hornak of the U.S. District Court for the Western District of Pennsylvania found the second amended complaint second amended complaint explains why plaintiffs could not have pursued their claims within the Real Estate Settlement Practices Act’s one-year statute of limitations.

On April 5, 2012, Christopher Manners brought a putative class …