News & Analysis as of

Insurance Industry Unfair or Deceptive Trade Practices

Cozen O'Connor

NY AG Puts Mental Health Ghost Network to Rest

Cozen O'Connor on

New York AG Letitia James has announced an agreement with MVP Health Plan (MVP) following an investigation that found systemic problems with the insurer’s mental health provider network. The investigation revealed that MVP’s...more

Cozen O'Connor

When Algorithms Deny: AI and the New Frontier of Bad Faith

Cozen O'Connor on

As industries across the board adopt artificial intelligence (AI), insurers have likewise recognized its potential to enhance efficiency in claims administration. Yet with this opportunity comes tension: consumers expect both...more

Cozen O'Connor

FTC Nets $145M to Resolve Deceptive Online Health Insurance Marketing Claims

Cozen O'Connor on

The FTC has reached proposed settlements with Assurance IQ, LLC and MediaAlpha, Inc., resolving allegations that the companies misled consumers into buying health insurance plans without the promised coverage and subjected...more

Foley & Lardner LLP

The Executive Order Guaranteeing Fair Banking for All Americans and Its Implications for State Regulation of Insurance Trade...

Foley & Lardner LLP on

On August 7, 2025, the White House issued an Executive Order titled “Guaranteeing Fair Banking for All Americans,” which is intended to address instances of unfair discrimination in banking decisions by financial institutions...more

Troutman Amin LLP

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

Troutman Amin LLP on

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

Cozen O'Connor

Nebraska AG Latest to Hit the Brakes on GM Data Practices

Cozen O'Connor on

Nebraska AG Mike Hilgers sued General Motors LLC and its subsidiary OnStar LLC (collectively, “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data...more

Arnall Golden Gregory LLP

Federal Court Certifies Class Action Against Blue Cross Blue Shield of Montana for Improperly Denying Large Dollar Claims

The Chief Judge of the U.S. District Court for the District of Montana recently certified a class action against Blue Cross Blue Shield of Montana for its standard operating procedure of reviewing and denying claims in...more

Eversheds Sutherland (US) LLP

New York’s proposed FAIR Business Practices Act – potential implications for business

The Consumer Financial Protection Bureau recently signaled a retreat from its regulatory and enforcement posture by outlining its 2025 supervisory and enforcement priorities and rescinding 67 regulatory guidance documents. In...more

Rivkin Radler LLP

FBI Warns Consumers of Discount Medical Scams

Rivkin Radler LLP on

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

New York attorney general files complaint over insurance data breaches

On March 1, New York State Attorney General Letitia James filed a complaint in the Supreme Court of the State of New York against a group of insurance companies and a parent corporation. The complaint alleged these companies...more

Buchalter

LA Wildfire Insurance Update: Policyholder Rights and Coverage Concerns

Buchalter on

As policyholders take stock of their losses and begin the daunting task of rebuilding their homes and their lives, the California Insurance Commissioner continues to address various policyholder concerns and insurance...more

Rivkin Radler LLP

January 2025 Insurance Update

Rivkin Radler LLP on

We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...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

Baker Botts L.L.P.

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

Baker Botts L.L.P. on

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act...more

Marshall Dennehey

Class Action Out of Minnesota with Potential Impacts on Litigating and Negotiating Major Case

Marshall Dennehey on

A class action suit is brewing in Minnesota which has the potential for major implications in the way major case investigations are litigated and negotiated. In Taqueria El Primo LLC et al. v. Illinois Farmers Ins. Co. et...more

Orrick, Herrington & Sutcliffe LLP

DC AG takes action against four title insurance companies for unlawful insurance kickback schemes

On August 29, the Attorney General for the District of Columbia (DC AG) released four assurances of voluntary compliance against several real estate companies for allegedly using “illegal kickback schemes” in the title...more

ArentFox Schiff

FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

ArentFox Schiff on

Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Cozen O'Connor

Claims Notes: March 2024

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After a yacht ran aground, the owner filed a maritime insurance claim. Despite a New York choice of law provision in the insurance policy, the owner contended that Pennsylvania law applied. The Third Circuit had protected the...more

Pillsbury - Policyholder Pulse blog

Ready, Set, Action: Camera-Shy Insurers Are Subject to Recording

Resolving an issue of first impression, the California First District Court of Appeal recently decided that property policyholders required to submit to an examination under oath (EUO) have a right to record the entire...more

Troutman Pepper Locke

NAIC Approaching the Finish Line on Health Insurance Lead Generators

Troutman Pepper Locke on

The Antifraud (D) Task Force of the National Association of Insurance Commissioners (“NAIC”) met on October 20, 2023, to discuss comments received on the August 20 draft revisions to the Model Unfair Trade Practices Act...more

Venable LLP

NAIC Working Group Approves Revisions to Regulate Health Insurance Lead Generators

Venable LLP on

This August, a working group sponsored by the National Association of Insurance Commissioners (the "NAIC") unanimously approved revisions to the NAIC's Unfair Trade Practices Act Model #880 (the "Model Law") to restrain...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Eversheds Sutherland (US) LLP

NAIC releases highly-anticipated draft model bulletin on artificial intelligence systems used by insurers

On July 17, 2023, the Innovation, Cybersecurity and Technology (H) Committee of the National Association of Insurance Commissioners (NAIC) released for comment a highly anticipated model bulletin (Model Bulletin) on...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

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For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more

Wiley Rein LLP

Deceptive Advertising Claim Does Not Allege “Covered Professional Service”

Wiley Rein LLP on

Applying Georgia law, the U.S. Court of Appeals for the Eleventh Circuit has held that an E&O policy issued to a medical practice did not respond to a claim alleging violations of a state unfair and deceptive trade practices...more

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