News & Analysis as of

Insurance Industry False Advertising

Troutman Amin LLP

WHOA! MASSIVE $140 MILLION JUDGMENT AGAINST ASSURANCE IQ: FTC Slams Assurance IQ for Misleading Health Plan Marketing in Violation...

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The FTC announced today a $100 million judgment against Assurance IQ for alleged deceptive practices targeting consumers seeking health insurance. The FTC initiated the complaint, FTC v. Assurance IQ LLC, U.S. District Court,...more

Rivkin Radler LLP

FBI Warns Consumers of Discount Medical Scams

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On April 30, the Federal Bureau of Investigation (FBI) released a Public Service Announcement warning consumers about fraudulent discount medical scams. These scams typically involve deceptive offers for health insurance...more

Orrick, Herrington & Sutcliffe LLP

Montana amends consumer protection law against false advertising

On May 1, the governor of Montana signed into law HB 114 which revises several laws related to consumer protection, focusing on unfair financial planning practices, insurance, and deceptive advertising in the insurance...more

Kelley Drye & Warren LLP

Massachusetts Secures Record Judgment Against Insurance Companies

On the brink of the new year, the Massachusetts Attorney General’s Office (MA AGO) secured a landmark $165 million judgment, including civil penalties and restitution, against three UnitedHealth insurance companies:...more

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

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A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...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

Faegre Drinker Biddle & Reath LLP

CDI Issues Bulletin Warning Insurers of False and Misleading Advertisements Related to Public Option Legislation Pending in...

Insurers and brokers selling long-term care (LTC) insurance in California should be aware of the California Department of Insurance (CDI) bulletin of August 23, 2023, expressing concern over certain complaints received by CDI...more

Rivkin Radler LLP

Insurance Update - June 2023

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Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more

Alston & Bird

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

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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

McDermott Will & Schulte

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

Carlton Fields

Dismissal of Individual Claims Cap Insurer’s Winning Streak in Action Challenging FIA Product Features

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In May, the Southern District of California handed ING a win in a case involving allegations that the company targeted seniors with annuities that hid an embedded derivative structure that made them worth less than promised....more

Goodwin

Business Litigation Reporter - April 2017

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Representations and Warranties Insurance Policies – Lessons from the Claims Process - Representations and warranties insurance policies (R&WI Policies)—designed to protect parties from loss arising from breaches of...more

Proskauer Rose LLP

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

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Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

Proskauer Rose LLP

Three Point Shot - April 2013

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The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

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