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Insurance Industry › Unfair Competition

Paul Hastings LLP

Antitrust Lawsuits Accuse Insurers of Conspiring to Deny Fire Insurance to California Homeowners

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On April 18, 2025, law firms representing California homeowners filed a pair of lawsuits accusing dozens of insurance companies of conspiring to deny property insurance to homeowners in fire-prone areas of California,...more

Arnall Golden Gregory LLP

UnitedHealthcare Must Face State Law Claims in Class Action Suit for AI Driven Coverage Denials of Medicare Advantage Claims

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Daytime television inundates American seniors with advertisements for UnitedHealthcare’s (“UHC”) Medicare Advantage Plans. On its website, UHC claims its Medicare Advantage Plans “stand out from the rest,” providing...more

Womble Bond Dickinson

California Supreme Court Expands Ability of Public Interest and Non-Profit Trade Groups to Sue for Alleged Unfair Business...

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Can an organization sue you simply because it chose to divert resources to respond to your allegedly unfair business practices by claiming your practices are a perceived threat to its mission? The California Supreme Court...more

Holland & Knight LLP

Food and Beverage Law Update: March 2021

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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

Carlton Fields

Eleventh Circuit Finds Exclusion Bars Trademark Infringement And Dependent False Designation And Unfair Competition Claims

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Duty to defend principles are generally well-settled in most jurisdictions: If the allegations in an underlying complaint potentially fall within the scope of coverage, the insurer must defend. ...more

Maynard Nexsen

Torts & Insurance Cases from the 4th Circuit Court of Appeals - May 2017

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Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Carlton Fields

Pennsylvania Federal Court Remands Litigation Against Broker Back To State Court, Finding That Party Was Not Fraudulently Joined

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The background of this case is that Boomerang Recoveries LLC, a reinsurance program review company, investigated Farmers Insurance Company’s reinsurance contracts to identify any premiums Farmers had been overcharged in...more

Baker Donelson

Congress Takes Long Look at Proposed Health Insurance Mergers

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While the Department of Justice Antitrust Division is responsible for reviewing the proposed Anthem/Cigna and Aetna/Humana mergers for any potential competitive concerns, Congress jumped into the process with both feet in...more

Hinshaw & Culbertson LLP

Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.

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A fee dispute between Travelers, its contractor/insured and the insured's counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers...more

Cozen O'Connor

Zhang v. Sup. Ct.: Violation of Unfair Insurance Practices Act May Support Unfair Competition Claim

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In a highly awaited decision, the California Supreme Court in Zhang v. Sup. Ct. of San Bernardino County (August 1, 2013) 2013 Cal. LEXIS 6520, Case No. S178542, considered whether insurance practices that violate the...more

Dickinson Wright

California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case

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On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v. Superior Court, holding that the California Unfair Insurance Practices Act (Ins. Code §790 et seq.) does not necessarily preempt an...more

Dickinson Wright

Insurance Antitrust Legal News - September 2013 • Volume 2, Number 5

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In This Issue: - CALIFORNIA SUPREME COURT HOLDS INSURERS ARE SUBJECT TO UNFAIR COMPETITION CLAIMS IN ZHANG CASE: On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v....more

Eversheds Sutherland (US) LLP

From Insurer's Shield to Insured's Sword: California Supreme Court Authorizes Policyholder Unfair Competition Law Claims for...

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On August 1, 2013, the California Supreme Court ruled in Zhang v. The Superior Court of San Bernardino County, No. S178542 (Cal. Aug. 1, 2013) that insurance practices violating the state’s Unfair Insurance Practices Act...more

Hinshaw & Culbertson LLP

California Supreme Court Finally Decides How a UCL Claim and First Party Bad Faith Claim Can Co-Exist

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On August 1, 2013, the California Supreme Court issued its long-awaited decision in Zhang v. Superior Court, holding that an insured may assert a claim against an insurer based on California’s Unfair Competition Law, Business...more

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