Thomas Curvin

Thomas Curvin

Sutherland Asbill & Brennan LLP

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Latest Publications


The Latest on Price Optimization

Nearly one-third of the U.S. states have now issued directives on the use of price optimization to determine insurance rates and, to date, most states have taken a skeptical view of the practice. Meanwhile, at the national...more

10/22/2015 - Insurance Industry Insurance Rates NAIC Price Optimization

Update on NAIC and State Regulatory Activity on “Price Optimization”

Regulatory activity on price optimization appears to be coming to a head. The National Association of Insurance Commissioners (NAIC) Casualty Actuarial and Statistical (C) Task Force is continuing to gather input, with all...more

7/24/2015 - Department of Insurance Insurance Industry NAIC Price Optimization White Paper

Supreme Court Allows Disparate-Impact Claims Under the Fair Housing Act

The Supreme Court held today that the Fair Housing Act (FHA) not only prohibits intentional discrimination, but also establishes liability for practices that result in a disparate impact on minority groups. Texas Department...more

6/26/2015 - Affordable Housing Disparate Impact ECOA Fair Housing Act (FHA) HUD SCOTUS Texas Dept of Housing v Inclusive Communities

Price Optimization Update: NAIC Revises White Paper, Florida and Indiana Question Certain Practices

“Price optimization,” a practice that uses predictive modeling and data analytics in pricing insurance products, continues to draw the attention of state regulators, consumer advocates, and class action plaintiffs. ...more

5/19/2015 - Insurance Industry NAICS Price Optimization White Paper

California Joins Maryland and Ohio in Addressing “Price Optimization”

The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing...more

2/24/2015 - Casualty Insurance Insurance Commissioners Insurance Industry Price Discrimination Price Optimization Property Insurance

New York’s Insurance Regulator Announces Results of Cybersecurity Survey and Previews New Regulatory Initiatives

On February 9, the New York Department of Financial Services (DFS) released a Report on Cyber Security in the Insurance Sector (Report), summarizing the results of a survey completed by 43 insurers about their cybersecurity...more

2/11/2015 - Cybersecurity Insurance Industry NYDFS Popular Risk Assessment Surveys

SEC Releases Results of 2014 Cybersecurity Exam Sweep

On February 3, the Securities and Exchange Commission (SEC) issued a Risk Alert prepared by its Office of Compliance Inspections and Examinations (OCIE) that summarizes the results of a sweep of more than 100 broker-dealers...more

2/5/2015 - Broker-Dealer Cybersecurity Investment Adviser OCIE Risk Alert SEC

Braun v. Wal-Mart Stores, Inc: Opening the Door to Class Actions?

In Braun v. Wal-Mart Stores, Inc., the Pennsylvania Supreme Court upheld a $187 million jury verdict in favor of class action plaintiffs. The rationale of the ruling raises the concern that Pennsylvania state courts may...more

12/31/2014 - Class Action Employer Liability Issues Forum Shopping Jury Verdicts Popular Rest and Meal Break Wage and Hour Wal-Mart

Massachusetts Treasurer Demands National Mutual Fund Records in Multistate Unclaimed Property Audit

Late this summer, the Massachusetts Treasurer demanded mutual fund records on a nationwide basis as part of a multistate unclaimed property audit. Thirty-five (35) states are involved in the audit, but the Treasurer has...more

10/9/2014 - Audits Death Master Files IRA Mutual Funds Social Security Administration (SSA) Unclaimed Property

Insurance Industry Sweeps Retained Asset Account Doubleheader

On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13–2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator,...more

8/29/2014 - Appeals Employee Benefits ERISA Insurance Industry Life Insurance Retained Asset Accounts

For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

8/26/2014 - FCC Popular Robocalling TCPA Texting Unsolicited Phone Calls

Idaho Unclaimed Property Rule: Insurers Must Confirm Whether Insureds Have Died

In a recently issued notice of rulemaking, the Idaho State Treasurer’s Office has proposed a temporary rule that, if permanently adopted, would alter two key definitional provisions in the state’s unclaimed property laws...more

7/2/2014 - Abandonment Annuities Life Insurance Proposed Regulation Unclaimed Property

First Circuit: Proof of Death Prerequisite to Payment of Life Benefits

The U.S. Court of Appeals for the First Circuit has confirmed that proof of death is a reasonable requirement for payment under a life insurance policy, and is a prerequisite to monies becoming “payable” under unclaimed...more

5/29/2014 - Class Action Denial of Benefits Life Insurance

No SLUSA Protection Absent Material Connection With Sale/Purchase of Covered Security

In Chadbourne & Parke LLP v. Troice, the U.S. Supreme Court held on February 26, 2014, that the victims of Allen Stanford’s multibillion-dollar Ponzi scheme can proceed with their claims against law firms, insurance brokers,...more

3/3/2014 - Banks Chadbourne & Parke LLP v Troice Fraud Ponzi Scheme SCOTUS SLUSA

Insurance Topics We Will Be Watching in 2014

With the first month of the year behind us, this report outlines major insurance topics that we will be watching throughout 2014. Forces, trends and events that we believe will affect regulation, transactions and...more

2/7/2014 - Affordable Care Act Casualty Insurance Federal Insurance Office Healthcare Healthcare Reform Insurance Industry Insurance Reform NAIC Property Insurance Reinsurance

State Attorney General Parens Patriae Actions Are Not Removable to Federal Court as CAFA “Mass Actions”

This week the U.S. Supreme Court unanimously held in Mississippi ex rel. Hood v. AU Optronics Corp. that parens patriae actions in which the State is the sole plaintiff are not “mass actions” under the Class Action Fairness...more

1/17/2014 - CAFA Class Action Mass Action Mississippi ex rel. Hood v. AU Optronics Parens Patriae Removal Rule 23 SCOTUS

West Virginia Trial Court: No Duty to Search the Death Master File

In a substantial victory for the life insurance industry on the unclaimed property issue, a West Virginia Circuit Court has held that insurers have no duty to search the Social Security Administration’s Death Master File...more

1/7/2014 - Death Master Files Life Insurance Unclaimed Property

Legal Alert: Cost of Insurance Litigation – Insurers Retain Discretion to Set COI Rates in Two Key Victories

In the first federal appellate decisions addressing cost of insurance (COI) charges in life insurance policies, the Seventh Circuit Court of Appeals handed two victories to insurers in opinions issued December 13, 2013. In...more

12/19/2013 - Class Action COI Rates Insurance Industry Life Insurance Motion to Dismiss Premiums

Legal Alert: In a Class of Their Own: the Impact of the Supreme Court's October 2012 Term on Class Actions

During its recently concluded October 2012 term, the Supreme Court of the United States decided seven cases that are likely to have a significant impact on class action practice. This term’s decisions addressed evidentiary...more

7/10/2013 - CAFA Class Action Class Action Arbitration Waivers Databases DMV Evidentiary Rulings Non-Solicitation Agreements SCOTUS Securities Fraud

Legal Alert: Supreme Court Decides Materiality Need Not Be Demonstrated for Class Certification

This morning the United States Supreme Court affirmed class certification in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds , a securities fraud case. The question presented was whether plaintiffs seeking class...more

2/28/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud-on-the-Market SCOTUS Securities Fraud Securities Litigation

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