73 results for 'cat:"Insurance" AND cat:"Class Action"'.
J. Lasnik approves the settlement agreement for the insured's class action accusing the health insurance company of improperly excluding all benefits for treatment of hearing loss, except for cochlear implants. The agreement came from arms-length bargaining after sufficient discovery and other litigation activity, and though the insureds believe that their claims have a strong likelihood of success, there is the likelihood of "complex questions of federal and state anti-discrimination law and insurance regulation, damages calculations and class certification issues."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 18, 2024, Case #: 2:17cv1611, NOS: Other Civil Rights - Civil Rights, Categories: insurance, Settlements, class Action
J. Bennett grants cross-motions for judgment on the pleadings in favor of Under Armour brought by the insurer in this insurance dispute from a consolidated class action over securities, derivative matters and a government investigation. The parties reached an agreement, and they no longer dispute the insurance coverage during the relevant times.
Court: USDC Maryland, Judge: Bennett, Filed On: April 15, 2024, Case #: 1:22cv2481, NOS: Insurance - Contract, Categories: insurance, Securities, class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: Fraud, insurance, class Action
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: insurance, Real Estate, class Action
J. Flanagan denies a health insurance company’s motion to dismiss breach of contract claims brought by a class of its consumers after it denied them coverage of necessary medical treatment. Two men in the class both had diagnoses of prostate cancer and their providers proposed using an allegedly highly effective form of radiation treatment. The company denied their requested benefits through ERISA because its medical policies would not allow for this “investigational” treatment. However, the company’s third party investigation into the claims likely agreed with the company’s perspective even though it was contractually obligated to treat the men, giving them protection under the Unfair and Deceptive Trade Practices Act.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Health Care, insurance, class Action
J. Pepper partially grants Progressive's motion to exclude expert reports in the insured's class action arguing Progressive improperly calculates the actual cash value of insureds' totaled cars in order to short them on coverage. One of the three experts Progressive challenges is prohibited from testifying about the valuation process or methodology used by a company Progressive relies upon for such work, but Progressive's motion is denied as to two other experts. Progressive's unopposed motion for oral argument regarding class certification and summary judgment is granted, and arguments are scheduled for June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 25, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: insurance, Experts, class Action
J. Schofield partially denies the insurer's motion to dismiss a class action challenge to its policy of reducing the value of vehicles totaled in a car wreck and therefore paying less on insurance claims for those vehicles. A reasonable jury could find that the insurer engaged in misleading practice regarding the calculation of the value of accident victims' cars, but the complaint's claims based on alleged violations of Regulation 64 rest on an incorrect reading of the law.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 22, 2024, Case #: 1:21cv6243, NOS: Other Contract - Contract, Categories: insurance, Consumer Law, class Action
J. Oldham finds the district court improperly entered summary judgment in favor of the insurer. After the 2020 SXSW music festival in Austin was cancelled due to Covid-19 concerns, the organizers sought its insurer's defense for the class action filed by certain ticketholders. The insurer responded it had no duty to defend, and the court found the festival sought a covered loss, also holding an exclusion excused the insurer from defending or covering the ticketholders' class action. Because the classes' complaint arises from the festival's refusal to offer refunds, not a professional service, the professional services exclusion does not bar coverage. Reversed.
Court: 5th Circuit, Judge: Oldham , Filed On: March 21, 2024, Case #: 22-50933, Categories: insurance, Covid-19, class Action
J. Coleman grants an insurance company’s motion to strike a group of policyholders’ expert testimony, and denies the policyholders’ motion for class certification. The policyholders accuse the insurance company of charging excessive premiums during the Covid-19 pandemic, bringing fraud charges under Illinois law. The court, though, finds the policyholders have not established predominance or commonality of injury sufficient to form a class.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: March 12, 2024, Case #: 1:20cv4306, NOS: Other Contract - Contract, Categories: Fraud, insurance, class Action
J. Oliver denies, in part, the insurance company's motion to dismiss, ruling the lead plaintiff has standing to pursue damages for disparate treatment under the Affordable Care Act despite no longer being a member of the insurance plan. The previous denials of benefits for artificial insemination procedures are traceable to the insurer and can be redressed through damages. However, because the lead plaintiff will not suffer future harm as a result of her leaving the plan, she cannot seek prospective relief through a declaratory judgment, and that portion of her complaint will be dismissed.
Court: USDC Connecticut, Judge: Oliver, Filed On: March 12, 2024, Case #: 3:22cv229, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, insurance, class Action
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: insurance, class Action, Contract
J. Brnovich denies a proposed class of insureds motion for class certification concerning contract claims against an insurance company, which may have engaged in undervaluing insureds' loss vehicles. The insurance company sufficiently showed in court that the proposed class would have to resolve individual, labor intensive questions as to who was wrongfully denied coverage.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 4, 2024, Case #: 2:22cv342, NOS: Insurance - Contract, Categories: insurance, class Action, Contract
J. Pepper denies without prejudice the insureds' motions to file materials under seal and to restrict documents in their proposed class action lawsuit alleging the insurance companies shorted them on claims for their totaled cars by improperly calculating the cars' actual cash value, in part because they have not shown good cause and did not follow all applicable federal rules. The insurance companies' motion to file documents with restricted access is similarly denied, and all the parties have until March 13, 2024, to show good cause to restrict their respective documents.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 28, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: insurance, class Action
J. Morris dismisses all class insurance and RICO claims against several medical service providers and medical lien companies from consumers who say the companies use practices that prevent them receiving notification of any medial liens against them. The complaint, which has already been tossed twice, fails to point to a single "legally cognizable injury" that was born from the companies breaking the law. With no standing or opportunities to amend left, the complaint is tossed in its entirety and the case is directed to be closed.
Court: USDC Montana, Judge: Morris, Filed On: February 20, 2024, Case #: 4:21cv92, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: insurance, class Action, Racketeering
J. Johnson finds that the lower courts improperly ruled that an insurance company's practice of reducing provider bills to an 80th percentile cap violates the Washington Consumer Protection Act. The insurance company's practices fall under the established standards of how an insurance company can determine the charges for medical procedures. Similar types of "80th percentile practices" by other companies in other jurisdictions have also been upheld by the courts, further supporting findings that it does not run afoul of the Consumer Protection Act. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: February 15, 2024, Case #: 101576-3, Categories: insurance, class Action
J. Harris finds the trial court improperly dismissed the insured's class action against State Farm over coverage for water damages her home sustained from an overflowing sink. The statutory limitation the trial court cited does not preclude the insured's claim for interest payments under her policy, and the case is remanded to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 2, 2024, Case #: 23-0243, Categories: insurance, class Action, Contract
J. Stegall finds a lower court improperly dismissed a class of insured consumers' contract claims against an insurance company. The insurance company argued that it was not entitled to fully cover an insured school district employee's medical expenses following a car accident, and that he was obligated to partially reimburse the plan. However, the insured, on behalf of himself and other employees, sufficiently showed in court that the insurance company is not entitled to issue a certificate of insurance that contains a subrogation clause for reimbursement of medical and hospital expenditures. Reversed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: January 5, 2024, Case #: 124,046, Categories: insurance, Damages, class Action
J. Clement finds the district court improperly certified the class action against State Farm. Vehicle owners seeking actual cash value, according to their insurance contracts, for totaled vehicles, disagree with the source used by State Farm to determine that amount. The source used by State Farm is one of many acceptable industry sources and the class cannot show a class-wide injury. Vacated.
Court: 5th Circuit, Judge: Clement , Filed On: December 22, 2023, Case #: 22-30126, Categories: insurance, Vehicle, class Action
J. Bryan grants the insureds' modified motion for class wide declaratory relief for their class action asserting that the insurance company must cover treatment of gender dysphoria and gender reassignment surgery for a minor. The prior order already demonstrates that the insurance company's denial of the aforementioned benefits was sex discrimination that was not allowed with the federal financial assistance it received, and declaratory relief will both vindicate the insureds' position about the discrimination they faced and help prevent future litigation.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 19, 2023, Case #: 3:20cv6145, NOS: Insurance - Contract, Categories: insurance, class Action, Contract
J. Wang certifies the class in claims disputing the cash value of plaintiff's vehicle, which had been declared a total loss following a collision, because plaintiff met numerosity and commonality requirements, and similar class actions against insurers have been certified in other jurisdictions.
Court: USDC Colorado, Judge: Wang, Filed On: December 18, 2023, Case #: 1:22cv878, NOS: Insurance - Contract, Categories: insurance, class Action
J. King partially grants the insureds' motion to seal exhibits and to voluntarily dismiss plaintiff Bryan Gage from their class action alleging that the pet insurance company charged unlawful and excessive monthly premiums based on factors such as pet age. The pet insurance company does not object to sealing the documents that “contain plaintiff Bryan Gage’s personal cell phone number and current home address," nor does it object to the dismissal of Gage from this case.
Court: USDC Western District of Washington, Judge: King, Filed On: December 14, 2023, Case #: 2:20cv421, NOS: Other Contract - Contract, Categories: insurance, class Action, Contract