News & Analysis as of

Class Action Auto Insurance

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Kilpatrick

Eleventh Circuit reverses dismissal of class action disputing State Farm’s calculation of “actual cash value,” holding required...

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We have written about class actions filed against State Farm and other carriers alleging systematic undervaluation of damaged vehicles. One of our articles focused on a decision by the Middle District of Georgia dismissing...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and...more

Kilpatrick

Middle District of Georgia dismisses putative class action against State Farm for failure to comply with “appraisal” condition...

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We have written about class actions filed against State Farm and other carriers alleging systematic undervaluation of damaged vehicles. See, e.g., Eleventh Circuit emphasizes the abuse of discretion standard in affirming the...more

Robinson+Cole Class Actions Insider

Intra-Class Conflict Dooms Auto Insurance Class Action in Fifth Circuit

Last week the Fifth Circuit issued a short opinion that made an important point that does not arise often in class certification decisions. Class certification failed because the plaintiffs’ proposed theory of liability would...more

Robinson+Cole Class Actions Insider

Auto Insurance Total Loss Class Action: Ninth Circuit Affirms Denial of Class Certification

Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in...more

BakerHostetler

Insurance Class Action Report 2021 First–Third Quarters

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Property and casualty class action activity has continued at a fast clip so far this year. More of the same claims – total loss, tag, tax and title, labor depreciation, diminished value, and medical payments – all garnered...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 19

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In Washington: The House of Representatives was set to pass its $1.9 trillion pandemic relief package (H.R. 1319), late Friday night over solid Republican opposition. The passage is a key step toward giving President Joe...more

Rivkin Radler LLP

Insurance Update - December 2020

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Here is what we cover in our December Insurance Update. In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy. A New Jersey federal judge considers whether...more

Jaburg Wilk

Arizona District Court Holds "Reasonable" Medical Expenses Are Amounts Accepted by Providers as Payment in Full Rather Than Billed...

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The Holding - In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District...more

Robinson+Cole Class Actions Insider

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more

Alston & Bird

Class Action & MDL Roundup: Summer 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2019. The Supreme Court granted cert on a pair of ERISA cases that revived one ruling thought...more

BakerHostetler

Insurance Class Action Quarterly Update - July 2019

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Insurance class actions have continued to bloom this spring with more vehicle total loss tax and fee class actions around the country, more labor depreciation class actions, and increases in other class actions. Some...more

BakerHostetler

Insurance Class Action Quarterly Update - April 2019

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The new year began with dramatic growth in vehicle total loss class actions over payment of sales tax and title transfer and registration fees, interpretations of the filed rate doctrine, and further activity in labor...more

BakerHostetler

Q4 2018 Insurance Class Action Update

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The final quarter of 2018 witnessed a number of new twists on old theories in class actions involving auto and homeowners claims and coverages, as well as further activity in some long-running class actions. ...more

BakerHostetler

Insurance Class Action Quarterly Update

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This quarter has seen a few new types of class actions against insurers as well as aging of some more mature theories wending their way through the courts. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Wells Fargo is again in federal regulators’ crosshairs. The OCC has dubbed the bank a repeat offender and is weighing a “formal enforcement action” over “improprieties in its auto-insurance and mortgage operations”....more

Baker Donelson

Eleventh Circuit Refuses to Reinstate Auto Body Shop Antitrust Case that Was Dismissed on Procedural Grounds

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In early December, the Eleventh Circuit Court of Appeals issued a one sentence decision refusing to reinstate the plaintiff/appellants' appeal in Parker Auto Body v. State Farm Automobile Insurance Company. The appeal had...more

Baker Donelson

Auto Body Shop Antitrust Case Crashes on Appeal; Can It Be Repaired?

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Over two years ago, class action antitrust cases were commenced by numerous auto body shops against many of the largest auto insurers in the nation. In each case, the auto body shops contended that the insurers had conspired...more

Baker Donelson

In re Auto Body Shop Antitrust Litigation Heads to the 11th Circuit

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Having succeeded in having class-action antitrust claims brought by auto body shops in several states dismissed by the district court in the In re Auto Body Shop Antitrust Litigation, the auto insurer defendants in those...more

Baker Donelson

Insurers Gain Additional Dismissals in the Florida Auto Body Action

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In early 2014, a group of Florida auto body shops sued the leading auto insurers in their state, alleging that the insurers had conspired to suppress the amounts the auto body shops received in reimbursement rates. The case,...more

Carlton Fields

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

Carlton Fields on

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant...more

Pullman & Comley, LLC

Price Optimization Class Actions Produce First Rulings

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In recent weeks, two courts ruled on motions to dismiss the first wave of class action lawsuits based on alleged price optimization of auto insurance rates. In both Stevenson v. Allstate Ins. Co., No. 15-cv-04788 (N.D. Cal....more

Robinson+Cole Class Actions Insider

Compliance With Medicare Secondary Payer Act At Issue In Auto Insurance Case

A recent decision in the District of New Jersey addressed an auto insurer’s obligations to comply with the Medicare Secondary Payer Act. Auto insurers may wish to review their practices and procedures in light of this...more

Baker Donelson

Strike Three: Antitrust Claims in Florida Auto Insurer Proceeding Dismissed With Prejudice

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On September 23, District Court Judge Gregory Presnell (Middle District of Florida) dismissed the antitrust claims asserted by a class of auto body shops in A&E Auto Body v. 21st Century Centennial Insurance, this time with...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

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