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Article III Life Insurance

Carlton Fields

Eleventh Circuit Decisions May Chill Future Data Breach Class Actions

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The holidays came early for class action defendants in the Eleventh Circuit. Within just over a month, that court issued two decisions with potentially large consequences for data breach litigation in the Eleventh Circuit:...more

Carlton Fields

Supreme Court Shuts Door on Defined-Benefit Plan Participants’ ERISA Suits

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In a recent 5–4 decision, the U.S. Supreme Court shut the door on defined-benefit plan participants’ standing to sue under the Employee Retirement Income Security Act of 1974 (ERISA)....more

Carlton Fields

Supreme Court Denies Insurer’s Petition to Review Standing in Data Breach Class Actions

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In recent years, the insurance and financial services industries have been targets of high profile data breaches. The breached companies – themselves the victims of cyberattacks – often face putative class actions by...more

Carlton Fields

An Illustration Saga Continues in California

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As we previously reported, the Ninth Circuit in March 2017 held that violation of California’s illustration statutes could serve as a predicate for an Unfair Competition Law (UCL) action, partially reversing the trial court’s...more

Carlton Fields

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

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In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

Carlton Fields

Plaintiffs Survive Standing-Based Challenge to California Senior Notice and Financial Elder Abuse Claims

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In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers. For example, in June, a California federal district court denied the insurer’s...more

Carlton Fields

Expect Focus - Volume I, March 2017

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Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention...more

Carlton Fields

Second Circuit Affirms Dismissal of "Shadow Insurance" Lawsuits

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In a summary order issued February 23, the United States Court of Appeals for the Second Circuit affirmed the dismissal of two so-called “shadow insurance” putative class action lawsuits — Ross v. AXA Equitable Life Insurance...more

Carlton Fields

Court Of Appeals Affirms Dismissal Of “Shadow Insurance” Lawsuits

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In a summary order, the United States Court of Appeals for the Second Circuit has affirmed the dismissal of two “shadow insurance” putative class action lawsuits against Axa Equitable Life Insurance and Metropolitan Life...more

Carlton Fields

Putative Class Representative Accusing Life Insurer Of “Hollow Asset” Reinsurance Lacks Article Iii Standing

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We previously reported on putative class actions pending against life insurers for allegedly misleading customers by engaging in “shadow” or “hollow” reinsurance transactions, doing so most recently on August 3, 2015. In...more

Carlton Fields

Phantom Injury Dooms “Shadow Insurance” Case

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A recent federal district court decision dismissing a putative class action complaint against AXA Equitable Life Insurance Company may portend trouble for plaintiffs pursuing a number of similar so-called "shadow insurance"...more

Foley & Lardner LLP

S.D.N.Y. Dismisses Plaintiffs’ “Shadow Insurance” Class Action Claims

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On July 21, 2015, a federal judge granted AXA Equitable Life Insurance Company’s motion to dismiss claims brought against it by insureds who alleged that AXA violated New York law by engaging in various “shadow insurance”...more

Carlton Fields

Federal Court Dismisses Putative Class Action Accusing Life Insurer Of Failing To Disclose “Shadow Insurance”

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Plaintiffs alleged that AXA Equitable Life Insurance Company violated New York insurance law prohibiting misrepresentations by insurers of their financial condition, because AXA had not disclosed “shadow transactions” in its...more

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