News & Analysis as of

Insurance Industry Putative Class Actions

Eversheds Sutherland (US) LLP

AI Litigation Insights - Jeremy Jong, individually and on behalf of similarly situated individuals v. Blue Shield of California

Plaintiff Jeremy Jong filed a putative class-action complaint against Blue Shield of California (Blue Shield), one of the largest medical insurance companies in the United States....more

Carlton Fields

Lawsuits Alleging Violations of Illinois’ GIPA Are Piling Into Court Like Clowns Out of a Circus Car

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A string of putative class actions has been filed against life insurance companies for allegedly violating section 20(b) of Illinois’ Genetic Information Privacy Act (GIPA) by using applicants’ family medical history in...more

Carlton Fields

Expect Focus - Volume I, January 2024

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Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more

Eversheds Sutherland (US) LLP

Illinois plaintiffs’ attorneys find new tool in old genetic privacy law

Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...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

Kilpatrick

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

Kilpatrick on

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

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

Hinshaw & Culbertson - Insights for Insurers

The State Of COVID-19 Coverage Litigation In The United States

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

Flaster Greenberg PC

COVID Coverage Suits In NJ Prove Tough For Policyholders

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Shareholder Matthew A. Goldstein was quoted extensively in a Law360 article covering COVID coverage cases in New Jersey. New Jersey federal and state courts have proven to be troublesome for policyholders in coverage...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...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

Holland & Knight LLP

Food and Beverage Law Update: March 2021

Holland & Knight LLP on

Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For example, in Emerald Coast Restaurants, Inc. v. Aspen Specialty Ins. Co., No. 3:20cv5898-TKW-HTC, 2020 WL...more

Chartwell Law

United States District Court for the Western District of Pennsylvania Dismisses Pennsylvania Restaurant’s Proposed Class Action...

Chartwell Law on

On January 15, 2021, U.S. District Judge William S. Stickman granted defendant National Fire & Marine Insurance Company’s Motion to Dismiss a complaint filed by plaintiff 1 S.A.N.T, Inc. 1 S.A.N.T. brought a putative class...more

ArentFox Schiff

Class Actions Quarterly Update: How Have Plaintiffs’ Class Actions Suing For Coverage for Business Interruptions From Covid-19...

ArentFox Schiff on

Our initial alert highlighted various hospitality and service industry businesses suing their insurers to recover for losses arising out of closure and stay-at-home (Civil Authority) orders. Since then, thousands more...more

Hinshaw & Culbertson - Insights for Insurers

Where We Stand: The Latest Snapshot of COVID-19 Business Interruption Insurance Coverage Litigation

Approximately 1,300 COVID-19 business interruption and civil authority insurance coverage cases are working their way through federal and state courts throughout the country. Decisions continue to be rendered and tracking...more

White and Williams LLP

Increasing Exposure for Insurers and Employers as Courts Strike Workers’ Comp Bar to BIPA Claims

White and Williams LLP on

Litigation under the Illinois Biometric Information Privacy Act (BIPA) has expanded tenfold. Although the statute was enacted 12 years ago, litigation under its private cause of action has spiked in more recent years partly...more

Carlton Fields

Eleventh Circuit Explicitly Adopts Distinction Following Hoover to Confirm That Coverage Cannot Be Created Through Waiver or...

Carlton Fields on

On July 30, 2020, the Eleventh Circuit Court of Appeals in AEGIS Electric & Gas International Services Ltd. v. ECI Management LLC reversed the trial court’s grant of summary judgment in favor of an insurer, AEGIS Electric &...more

Eversheds Sutherland (US) LLP

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses (Update)

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more

A&O Shearman

Southern District Of New York Dismisses Securities Fraud Complaint Against An Insurance Company, Finding That Confidential Witness...

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On March 2, 2020, Judge Paul A. Engelmayer of the United States District Court for the Southern District of New York dismissed a putative securities fraud class action asserting violations of Sections 10(b) and 20(a) of the...more

Pillsbury - Policyholder Pulse blog

Do Putative Class Members’ Claims Trigger the Duty to Defend?

Must an insurer consider the possibility that putative class members (i.e., potential class members not named in the complaint) other than the proposed class representatives (i.e., the plaintiffs named in the complaint to...more

A&O Shearman

Southern District Of New York Dismisses In Part Securities Fraud Claims Against Major Industrial Conglomerate, Allowing Claims...

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On August 29, 2019, Judge Jesse M. Furman of the U.S. District Court for the Southern District of New York dismissed most of the securities fraud claims in a putative class action against a major industrial conglomerate (the...more

Cozen O'Connor

Court Dismisses Claims Alleging Undisclosed Deductions from Structured Settlement Funds

Cozen O'Connor on

The latest attempt to hold casualty carriers and annuity issuers liable for allegedly failing to disclose deductions from the amounts used to purchase structured settlement annuities for plaintiffs’ benefit has been dismissed...more

Carlton Fields

Even Disclaiming ‘Magic Words’ Won’t Save Plaintiffs from SLUSA Preclusion

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In 2016, a putative class action lawsuit was filed in California state court on behalf of all persons over the age of 60 who were issued a variable annuity policy by defendants within the state....more

Carlton Fields

CAFA’s Local Controversy Exception Requires Class Claims Against Local Defendant

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As we previously reported, in September 2017, a federal district court in Louisiana dismissed with prejudice as time-barred putative class action RICO and state racketeering claims related to alleged wrongful conduct by an...more

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