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Pillsbury - Policyholder Pulse blog

Strength in Numbers—The Class Actions Strategy for Insurance Claims

When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual...more

A&O Shearman

EDPa Dismisses Securities Fraud Claims Against Life Insurance Co

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On July 24, 2025, Judge Jennifer Murphy of the Eastern District of Pennsylvania granted a motion to dismiss a putative securities class action brought against a life insurance company (the “Company”) and certain of its...more

Kennedys

Appellate Court of Illinois decision reminds insurers to communicate with insureds or face potential consequences: Estoppel of...

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The Appellate Court of Illinois recently reminded insurers that they may be estopped from raising coverage defenses through their misleading acts or statements, including silence. In Monroy-Perez v. Sentry Select Ins. Co.,...more

Kennedys

Insurers remain subject to tribal jurisdiction in the Ninth Circuit following denial of certiorari by the Supreme Court

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Present or not, insurers doing business with tribal government and businesses cannot escape the jurisdiction of tribal courts, at least within the Ninth Circuit....more

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

Cozen O'Connor

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

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In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more

Troutman Amin LLP

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

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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

Lowenstein Sandler LLP

Bad Faith No More: New York Courts Shift the Insurance Paradigm

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In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift...more

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

Zelle LLP on

Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

Butler Weihmuller Katz Craig LLP

Governmental Immunity and Your Subrogation Claim in Texas: Navigating the Texas Tort Claim Act

Property insurers are often frustrated when damage occurs due to the actions of others, especially when a governmental agency is at fault. In the Lone Star State, the Texas Tort Claim Act (TTCA) establishes that these...more

JUSTICENTER

How Long Is an Insurance Check Good For?

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If you’ve received a settlement check from an insurance company after a car accident, property damage claim, or injury settlement, you might be wondering: how long is an insurance check good for? While holding onto it for a...more

Wiley Rein LLP

SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

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A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

Cozen O'Connor

Nebraska AG Latest to Hit the Brakes on GM Data Practices

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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

Proskauer - Employee Benefits & Executive...

Supreme Court Decision Leaves ACA Preventive Services Mandate Intact

On the last day before the U.S. Supreme Court’s summer recess, the Court issued a decision that left in place the Affordable Care Act (“ACA”) mandate that requires non-grandfathered group health plans and issuers to cover,...more

WaterStreet Company

Certified Mail vs. Proof of Mail for Insurance

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Insurance carriers operate in one of the most regulated industries. Communication with policyholders is not only essential, but legally required. When sending cancellation notices, conditional renewals, or premium increases,...more

JUSTICENTER

Consequences of Not Seeking Medical Attention After a Car Accident

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Adrenaline takes over after a car crash. People feel shaken up, but they might think they’re physically fine. They don’t feel pain, so they brush it off and go home. It might not sound like a big deal, but it actually is. ...more

Goldberg Segalla

[Webinar] Time-Limited, Policy Limits Demand: Critical Issues Facing Insurers When Settling Third-Party Liability Claims - July...

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Join Goldberg Segalla partners Brady Yntema and Jeff Matty for an interactive webinar discussing critical issues facing insurers when presented with a time-limited, policy-limits demand to settle third-party liability claims...more

Zelle  LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

Zelle LLP on

Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Marshall Dennehey

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

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On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Proskauer - Health Care Law Brief

No Surprises Here! Fifth Circuit Holds NSA Provides No Private Right of Action to Enforce IDR Awards, Deepening Judicial Divide...

In a recently issued opinion, the Fifth Circuit has added yet another chapter to the growing debate over whether providers may seek judicial enforcement of Independent Dispute Resolution (“IDR”) awards issued under the No...more

Rivkin Radler LLP

Advisory Council Recommends Amending NY’s Commercial Division Rules

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The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more

Wiley Rein LLP

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

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The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...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

Alston & Bird

Insurance Insights | California and New York Privacy Protections, Georgia Tort Reform & Cybersecurity and Privacy Updates

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Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform...more

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