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Policy Terms Class Action Insurance Claims

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

Wiley Rein LLP

Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic...

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The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more

Carlton Fields

Litigation Under Construction: Recent Life Insurance and Long-Term Care Developments

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In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more

Morris, Manning & Martin, LLP

Insured Files Lawsuit Over Coverage for Disclosure of Private Health Information

An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...more

McCarter & English, LLP

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of...

A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more

Allen Matkins

What You Need to Know about the California Fair Access to Insurance Requirements Plan (FAIR Plan)

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This alert begins our series discussing legal issues related to the Southern California wildfires. We will continue to provide updates as more information becomes available. Due to the high risk of wildfires in California,...more

Wiley Rein LLP

No Coverage for Class Action Claim First Made When Asserted in Counterclaim Before Coverage Period

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The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered class action counterclaim was...more

Woodruff Sawyer

Looking Ahead to 2025: Navigating a Shifting D&O Insurance Landscape

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In a market known for volatility, public company D&O (directors & officers) insurance has certainly lived up to its reputation in recent years—pricing has been on a roller coaster, fluctuating between skyrocketing increases...more

BakerHostetler

Insurance Class Action Quarterly Report - 2023 Q4

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The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years,...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the...more

BakerHostetler

Insurance Class Action Update - 2023 Q2-3

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This robust report summarizes two quarters of activity in property and casualty claims class actions. Much has occurred in class actions asserting traditional theories, like labor depreciation and total loss claims, but also...more

BakerHostetler

Insurance Class Action Report 2021 First–Third Quarters

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Property and casualty class action activity has continued at a fast clip so far this year. More of the same claims – total loss, tag, tax and title, labor depreciation, diminished value, and medical payments – all garnered...more

Cozen O'Connor

JPML Will Not Allow Centralization of MDL Covid-19 Lawsuits

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On April 20, 2020, two policyholders involved in Covid-19 class action suits filed the first motion with the Judicial Panel on Multidistrict Litigation (MDL) asking for the transfer and coordination or consolidation of two...more

Lowndes

Business Interruption Insurance: Will Insurers Be on the Hook for Business Losses Stemming from COVID-19?

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This week, a Miami Beach beauty salon owner initiated a class action lawsuit against its insurer for failing to pay for losses and expenses caused by the suspension of its business due to the COVID-19 outbreak....more

Carlton Fields

Are COVID-19 Business Interruption Claims Appropriate for a Coverage Class Action?

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Over the last few weeks, a tsunami of lawsuits has been filed in many states alleging a variety of issues related to the global COVID-19 pandemic....more

Robins Kaplan LLP

The Effect Of Coronavirus (COVID-19) On Directors And Officers (D&O) Insurance (UPDATED)

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Coronaviruses represent a large family of viruses that can cause respiratory illnesses. The 2003 Severe Acute Respiratory Syndrome (SARS) epidemic in China represented the first severe virus that resulted from a coronavirus,...more

Neal, Gerber & Eisenberg LLP

Client Alert: Maximizing D&O Insurance for Coronavirus Shareholder Claims

Now is the time for policyholders to review their D&O policies. The global adverse economic impacts of the coronavirus pandemic and resulting stock market instability likely will lead to an uptick in securities class action...more

Robinson+Cole Class Actions Insider

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more

Carlton Fields

Texas Appeals Court affirms Class Certification in Case Alleging Roofer Violated Insurance Code

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Texas homeowners Joe and Stacci Key sued their roofer, Lon Smith Roofing Contractors (“LSRC”), alleging LSRC violated the Texas Insurance Code by acting as an unlicensed public insurance adjustor. The trial court granted...more

Robins Kaplan LLP

The Robins Kaplan Insurance Insight - Vol. 1, No. 1

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Welcome to our newest publication, The Robins Kaplan Insurance Insight. Our goal is to deliver practical content to help you navigate the current challenges and latest developments in the insurance industry. This newsletter...more

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