News & Analysis as of

Denial of Insurance Coverage Class Action Insurance Litigation

Carlton Fields

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

Carlton Fields on

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

Paul Hastings LLP

Antitrust Lawsuits Accuse Insurers of Conspiring to Deny Fire Insurance to California Homeowners

Paul Hastings LLP on

On April 18, 2025, law firms representing California homeowners filed a pair of lawsuits accusing dozens of insurance companies of conspiring to deny property insurance to homeowners in fire-prone areas of California,...more

Arnall Golden Gregory LLP

UnitedHealthcare Must Face State Law Claims in Class Action Suit for AI Driven Coverage Denials of Medicare Advantage Claims

Daytime television inundates American seniors with advertisements for UnitedHealthcare’s (“UHC”) Medicare Advantage Plans. On its website, UHC claims its Medicare Advantage Plans “stand out from the rest,” providing...more

Allen Matkins

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

Allen Matkins on

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

Wiley Rein LLP on

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

Alston & Bird

Insurance Insights for the Dog Days of August

Alston & Bird on

Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2023

Rivkin Radler LLP on

The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

Farella Braun + Martel LLP

“Unfair Trade Practices” Exclusion Does Not Extend to Consumer Protection Claims

Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more

Wiley Rein LLP

Excess E&O Insurer Must Reimburse Defense Expenses Pending Resolution of Insured’s Coverage Dispute with Primary D&O Insurer

Wiley Rein LLP on

The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O insurer was required to advance defense costs where coverage under a potentially responsive D&O policy had not yet...more

Cozen O'Connor

JPML Will Not Allow Centralization of MDL Covid-19 Lawsuits

Cozen O'Connor on

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?

Lowndes on

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

WEBINAR: COVID-19 Insurance Coverage Class Actions

Carlton Fields on

Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic. In the last two weeks, the new trend has...more

Zelle  LLP

Class Certification Issues in Coronavirus-Related Commercial Property Insurance Litigation

Zelle LLP on

The coronavirus pandemic raises the specter of potential class action exposure for commercial property insurers. The combination of staggering losses to America’s small businesses and the perceived deep pockets of insurers...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

K&L Gates LLP

OnRisk: Biometric Insurance

K&L Gates LLP on

Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

Carlton Fields

Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

Carlton Fields on

Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

Robinson+Cole Class Actions Insider

Labor Depreciation Class Action: New Eighth Circuit Decision

This week the Eighth Circuit issued its long-awaited decision in a class action against State Farm involving the “labor depreciation” issue that I have covered extensively on this blog. State Farm prevailed on both the merits...more

Foley & Lardner LLP

Ninth Circuit Shuts Down Lakers: TCPA Means “Privacy” When It Comes to Insurance Coverage

Foley & Lardner LLP on

As many practitioners who work with the Telephone Consumer Protection Act (TCPA) know, getting insurance providers to cover TCPA cases is a difficult proposition. The Ninth Circuit recently affirmed this notion in Los Angeles...more

Robinson+Cole Class Actions Insider

Update on Labor Depreciation Class Actions

There have been two recent federal district court decisions in the widespread class action litigation involving the application of depreciation to the labor cost component of replacement cost value on property insurance...more

Neal, Gerber & Eisenberg LLP

A Handy Tip for Avoiding Coverage Denial Based on Policy Exclusion In Renewal Policy: Confirm That Insurer Complied With...

The recent decision in Cincinnati Insurance Co. v. Chapman, 2016 IL App (1st) 150919, illustrates how non-compliance with an insurance renewal statute potentially could bar an insurer from denying coverage. At issue in...more

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