In October of 1998, ADC reported a case regarding one Iranian American and one Pakistani American who brought a discrimination claim against Baltimore Life Insurance Company (Baltimore Life) claiming that they had been denied insurance coverage on the basis of their citizenship status and national origin. This case is still pending and ADC has learned that there are new developments concerning two of the original plaintiffs.

In 1994, Sheriff Saad, a legal US resident originally from Egypt, submitted an application for life insurance coverage to Baltimore Life. Eight days later he was notified by letter that his application for life insurance was rejected. The letter read: “We have completed our review of the life insurance policy for which you recently applied. Unfortunately, we are unable to offer you coverage...This case is being declined since it is company policy not to issue coverage on non-United States citizens.” Nooshin Soozangar, currently a United States citizen, but at the time of the original trial a citizen of Iran, received a letter identical to that sent to Mr. Saad when she applied for life insurance coverage with Baltimore Life.

On November 25, 1996, Mr. Saad and Ms. Soozangar, along with three other plaintiffs, filed a class action lawsuit in the United States District Court for the District of Maryland, asserting violations of 42 U.S.C. Sec. 1981, arising from the alleged refusal of Baltimore Life to issue policies to non-U.S. citizens. On May 24, 1999, after a series of amendments and discovery disputes, District Court Judge Andre Davis held that: “[o]n the whole, although there is admittedly some direct evidence that Baltimore Life rejected the plaintiffs in part because they were citizens of certain Middle Eastern countries...Baltimore Life nevertheless escapes liability as a matter of law because a rational juror would be compelled to conclude that, rather than non-citizenship, plaintiffs’ rejection was ‘soley’ based on the place or nation of origin; rejection on the basis of which does not support a cognizable claim under Sec. 1981.”

The plaintiffs then appealed to the United States Court of Appeals for the Fourth Circuit, which reversed the finding of the District Court and remanded the case back to Judge Andre Davis. The 4th Circuit, a notoriously conservative court, stated that the District Court had inappropriately weighed the evidence and failed to recognize that once it found direct evidence of alienage discrimination, there was presented a genuine issue of material fact that required resolution by a jury.

The trial of Balitmore Life Insurance Company is scheduled for August 13, 2001 at 9:30 am at the Maryland District Courthouse located in Baltimore at 101 West Lombard St. This is the first case of its kind to be tried before a jury. Local ADC members and supporters are needed in court to demonstrate their support for Mr. Saad and Ms. Soozangar. ADC urges all members, supporters, and friends to attend the trial.

For more information, please contact the plaintiffs’ attorney:

Mr. John Hermina at 301-206-3166 OR john@herminalaw.com