News & Analysis as of

Class Action Insurance Industry Class Certification

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.
Alston & Bird

Insurance Insights for the Dog Days of August

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Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Robinson Bradshaw

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

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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

BakerHostetler

Insurance Class Action Quarterly Report - 2023 Q4

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The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years,...more

Woodruff Sawyer

The Price Is Wrong: Limiting D&O Exposure at Class Certification

Woodruff Sawyer on

In federal securities class action litigation, the motion to dismiss is typically the main event, and class certification is something of a backwater. But earlier this year, the Second Circuit Court of Appeals wrote a...more

BakerHostetler

Insurance Class Action Update - 2023 Q2-3

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This robust report summarizes two quarters of activity in property and casualty claims class actions. Much has occurred in class actions asserting traditional theories, like labor depreciation and total loss claims, but also...more

BakerHostetler

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

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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

Alston & Bird

Class Action & MDL Roundup 2023 Q2 – Ascertainability Lives!

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more

Alston & Bird

Class Action & MDL Roundup 2022 Q4 – A “Healthy” Dose of Litigation

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2022. In this edition, class actions gain an international flair, insurers have cures for COVID cases,...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published January 2023

Highlights from this issue include: Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more

Alston & Bird

Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring...more

Carlton Fields

Life Insurance Lapse Notice Class Actions Fail to Take Root: California Court Denies Certification

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California lapse notice litigation has garnered publicity ever since the California Supreme Court in McHugh v. Protective Life Insurance Co. held that the new insurance statutes requiring a 60-day grace period and 30-day...more

Alston & Bird

Class Action & MDL Roundup – Fall 2021

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In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and...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

Alston & Bird

Class Action & MDL Roundup – Winter 2021

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends...more

Alston & Bird

Class Action & MDL Roundup – Summer 2020

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several...more

Pierce Atwood LLP

COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Pierce Atwood LLP on

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses.  Hundreds of businesses have...more

BakerHostetler

Insurance Class Action Quarterly Update – 2020 Q1

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An eventful first quarter” would be the understated lead-in of the year. In the past three months, the insurance class action space has seen several labor depreciation decisions that continue to result in further new filings...more

BakerHostetler

Insurance Class Action Quarterly Update - January 2020

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Last year finished with a flourish with more activity in labor depreciation and tag and title class actions, another state high court decision on IMEs for first party claims, and affirmation of ACV only roof coverage. ...more

BakerHostetler

Insurance Class Action Quarterly Update - October 2019

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This past quarter saw more of the same in labor depreciation and tag and title class action activity, with a few decisions on less commonly recurring claims and one that's an oldie but (in some states for the plaintiffs' bar)...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

BakerHostetler on

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

Q4 2018 Insurance Class Action Update

BakerHostetler on

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

Carlton Fields

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

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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 LLP

Data Privacy + Cybersecurity Insider - September 2018

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We reported last week that a spyware maker recently compromised users’ and victims’ sensitive information. Since that time, another spyware maker, mSpy, which holds itself out as having over a million users employing its...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 23, 2018

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Foreclosure / Amendments to Conform to Evidence: trial court erred in allowing Wells Fargo to amend its complaint during trial to conform to evidence presented of two unpled modification agreements – Tracey v. Wells Fargo...more

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