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We have written before about class actions involving disputes about automobile insurers’ valuations of wrecked vehicles deemed a total loss. See, e.g., Eleventh Circuit reverses dismissal of class action disputing State...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Plaintiff filed a putative class action in Arkansas state court against his automobile insurer for alleged failure to pay the full amount it was contractually required to pay for his medical bills following a car accident. ...more