News & Analysis as of

Class Action › Insurance Industry › Appeals

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.
Robinson Bradshaw

When a Rule 23(f) Appeal Becomes Something More: Fourth Circuit Exercises Pendent Appellate Jurisdiction Over Ruling on the Merits

Robinson Bradshaw on

Federal Rule of Civil Procedure 23(f) gives the court of appeals discretion to review a narrow class of interlocutory orders: those granting or denying class certification. But it is sometimes possible for other orders to...more

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

BakerHostetler on

A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

Bricker Graydon LLP

The Eleventh Circuit hands A COVID-19 coverage win to the insurer

Bricker Graydon LLP on

Courts universally favor insureds in coverage disputes with insurance companies. After all, insurance companies are big, they hire lawyers and they write the policies that control coverage....more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

White and Williams LLP

Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action

White and Williams LLP on

In Greene v. Kenneth R. Will, a CGL insurer recently prevailed in a declaratory judgment action arising from an underlying class action alleging pollution and nuisance claims against the insured, VIM Recycling LLC, an...more

Holland & Knight LLP

Tenth Circuit Upholds Great-West Stable Value Win in ERISA Case - Finds That Great-West Not a Fiduciary or Liable as a...

Holland & Knight LLP on

• The U.S. Court of Appeals for the Tenth Circuit affirms a District Court's holding that Great-West Life & Annuity Insurance Co. was not a fiduciary with respect to its stable value fund, even though it announced the fund's...more

Carlton Fields

Louisiana Appeals Court Affirms Class Certification in Lingering Litigation Against Department of Insurance

Carlton Fields on

A Louisiana appeals court recently affirmed class certification in consolidated lawsuits, pending since 1991, against Louisiana’s Department of Insurance, other related state entities, and the state’s excess insurance...more

Robinson+Cole Class Actions Insider

Labor Depreciation Class Action: New Eighth Circuit Decision

Robinson+Cole Class Actions Insider on

This week the Eighth Circuit issued its long-awaited decision in a class action against State Farm involving the “labor depreciation” issue that I have covered extensively on this blog. State Farm prevailed on both the merits...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

Pullman & Comley, LLC on

2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Carlton Fields

Wait A Minute, Mr. Postman: Tenth Circuit Applies Statutory-Violation Exclusion To Junk Fax Claims That Try To Skirt The TCPA

Carlton Fields on

Enacted in 1991, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), inaugurated the era of “junk fax” class actions, in which recipients of mass fax advertisements may pursue statutory damages of $500 per class...more

Pierce Atwood LLP

First Circuit Upholds Use of Retained Asset Accounts in ERISA Class Action

Pierce Atwood LLP on

On July 2, 2014, a unanimous panel of the United States Court of Appeals for the First Circuit held that Unum Life Insurance Company’s practice of using Retained Asset Accounts (RAAs) to pay death benefits claims on group...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide