News & Analysis as of

Class Action Telephone Consumer Protection Act Insurance Litigation

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.
Troutman Amin LLP

GETTING PERSONAL: Insurance Agent Sued Personally In TCPA Class Action Against Senior Life Insurance Company

Troutman Amin LLP on

Said it before. Will say it again– the rule of personal liability for TCPA violations undertaken for an employer is the most unfair in all of American jurisprudence. Take the case of Matthews v. Senior Life Insurance Co.,...more

Troutman Amin LLP

TCPA INSURANCE TO THE RESCUE?: Small Debt Collector Walks Away From Class Suit For Under Policy Limits

Troutman Amin LLP on

TCPA insurance used to be very difficult to come by but slowly carriers are starting to write policies to protect companies from TCPA liability. Most of the policies are low limit high deductible affairs– $1MM is the max that...more

Alston & Bird

Class Action & MDL Roundup – Spring 2021

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2021. In this edition, the courts are beginning to split on COVID-19 cases, privacy litigants can’t...more

Carlton Fields

Life Industry Class Action Trends in the First Half of 2020

Carlton Fields on

The first half of 2020 saw an uptick in the filing of class action lawsuits against life insurance companies. Life insurance companies have continued to be the target of putative class actions in California challenging...more

Morrison & Foerster LLP - Class Dismissed

Class Action Litigation In The Wake Of COVID-19

Class action claims have taken on a new twist in the wake of COVID-19. Already, the global pandemic has generated litigation across a broad swath of areas, including privacy, data security, and consumer, among others. To...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

White and Williams LLP

Invasion of Privacy Exclusion in a Claims-Made Policy and Looking Ahead to Data Privacy Litigation

This week in Horn v. Liberty Insurance Underwriters, Inc., 2019 U.S. Dist. LEXIS 90194 (S.D. Fla. May 30, 2019), the Florida district court held that an invasion of privacy exclusion under a claims-made policy prohibited...more

Farella Braun + Martel LLP

Ninth Circuit Asks the California Supreme Court to Interpret the Scope of Personal Injury Coverage

On January 15, 2019, the Ninth Circuit certified the following question to the California Supreme Court: Does a commercial liability policy that covers “personal injury,” defined as “injury… arising out of… [o]ral or...more

Pillsbury - Policyholder Pulse blog

9th Circuit Seeks Guidance from California High Court on the Duty to Defend in TCPA Cases

Does the coverage in commercial general liability (CGL) policies for violations of the right to privacy extend to unwanted intrusions, or is it limited to the disclosure of personal information to a third party? On a recent...more

Mintz

TCPA Class Action Update – January 2019

Mintz on

The Carrier with Better Record-Keeping Practices Than the Insured Wins a Significant TCPA Insurance Coverage Dispute - Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its...more

Carlton Fields

Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

Carlton Fields on

Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

Foley & Lardner LLP

Ninth Circuit Shuts Down Lakers: TCPA Means “Privacy” When It Comes to Insurance Coverage

Foley & Lardner LLP on

As many practitioners who work with the Telephone Consumer Protection Act (TCPA) know, getting insurance providers to cover TCPA cases is a difficult proposition. The Ninth Circuit recently affirmed this notion in Los Angeles...more

Neal, Gerber & Eisenberg LLP

A Handy Tip for Avoiding Coverage Denial Based on Policy Exclusion In Renewal Policy: Confirm That Insurer Complied With...

The recent decision in Cincinnati Insurance Co. v. Chapman, 2016 IL App (1st) 150919, illustrates how non-compliance with an insurance renewal statute potentially could bar an insurer from denying coverage. At issue in...more

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