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Life Insurance Class Action

Alston & Bird

Insurance Insights for the Cold, Dark Winter Nights

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Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more

Carlton Fields

Case Closed: Overview of Life, Disability, and Long-Term Care Insurance Litigation

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In a split decision, the Tenth Circuit Court of Appeals recently affirmed summary judgment in PHT Holding I LLC v. Security Life of Denver Insurance Co., rejecting the plaintiff’s claim that the defendant-insurer breached the...more

Carlton Fields

The Mystery Continues: IUL Proprietary Indices Challenged in RICO Suit

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Since the enactment of the Racketeer Influenced and Corrupt Organizations (RICO) Act, it has been invoked in civil litigation with mixed results. Congress did not intend for RICO to become a surrogate for plaintiffs’ state...more

Klein Moynihan Turco LLP

Insurance Company Hit With TCPA Claim

A recent class action lawsuit filed in a Texas federal court asserts a Telephone Consumer Protection Act (“TCPA”) claim against American Family Life Assurance Company, Inc. (“AFLAC”) for allegedly placing unsolicited...more

Cozen O'Connor

Small v. Allianz Life Ins. Co. of N. Am. – A “Small” Case But Huge Decision

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Life insurers operating in California can breathe a little easier this morning. Since 2021, life insurers have been facing a wave of class action lawsuits and potentially crushing liability based on alleged violations of...more

Bennett Jones LLP

Ontario Court of Appeal Holds That a Claim is Limitations-Barred for an Entire Class

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In Fehr v Sun Life Assurance Company of Canada, 2024 ONCA 847 (Fehr), the Ontario Court of Appeal dismissed the representative plaintiffs’ appeal seeking post-certification leave to amend their statement of claim and to...more

Alston & Bird

Insurance Insights for the Dog Days of August

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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

Troutman Pepper Locke

‎New Illinois GIPA Class Actions ‎Against Life Insurers ‎Bark up the Wrong Family ‎Tree‎

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A recent slate of class action lawsuits seeks to expand the scope of the Illinois Genetic Information Privacy Act’s (GIPA) prohibition against considering family medical history to life insurance companies. See e.g. Reynolds...more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Carlton Fields

SLUSA Dismissal Affirmed in Variable Annuity Class Action: Eleventh Circuit Looks Behind Artful Pleading

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The Eleventh Circuit Court of Appeals recently affirmed the dismissal of a putative class action against a brokerage firm and its parent company, holding that the Securities Litigation Uniform Standards Act (SLUSA) barred the...more

Carlton Fields

Life Insurance Lapse Notice Class Actions Fail to Take Root: California Court Denies Certification

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California lapse notice litigation has garnered publicity ever since the California Supreme Court in McHugh v. Protective Life Insurance Co. held that the new insurance statutes requiring a 60-day grace period and 30-day...more

Jackson Lewis P.C.

Fourth Circuit Explains How Burdens Should be Allocated for Objections to Class Settlement

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Explaining for the first time “who bears what burdens when a class member objects to a proposed settlement,” the U.S. Court of Appeals for the Fourth Circuit affirmed in an insurance case a district court’s order approving a...more

Jackson Lewis P.C.

Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs

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The Eleventh Circuit recently affirmed an Alabama district court’s decision granting summary judgment in favor of Allstate Insurance Company in a consolidated ERISA class action challenging Allstate’s decision to stop paying...more

ArentFox Schiff

Arent Fox Represents Opt-Out Plaintiffs in Coordination with Class Actions Against Universal Life Insurance Carriers for Unlawful...

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The absence of insurance regulations to limit or deter unlawful cost-of-insurance (“COI”) increases for universal life insurance (“ULI”) policies has resulted in a flurry of class action activity against carriers. Some...more

Jackson Lewis P.C.

Predecessor Employer Defeats Proposed Class Action Challenging Spin Off’s Decision To Cut Benefits

Jackson Lewis P.C. on

In Bellon v. PPG Emp. Life & Other Benefits Plan, PPG Industries, Inc. & the PPG Plan Administrator, the Northern District of West Virginia recently addressed whether a predecessor company may be held liable for a decision...more

Faegre Drinker Biddle & Reath LLP

Early Dismissal of Complaint Challenging Universal Life Credited Rates

While challenges to insurers’ exercises of discretion in setting cost of insurance rates has been the principal focus of litigation involving universal life (UL) insurance products for quite some time, a putative class action...more

Cozen O'Connor

Secondary Market Investor Files Interest Rate Class Action

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After years of pursuing life insurers with Cost of Insurance (COI) class actions, we are now seeing a new life insurance secondary market investor strategy — suing life insurers on a class action basis for not paying enough...more

Carlton Fields

COVID-19 Class Actions Update

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In the early days of the COVID-19 pandemic, dozens of class action lawsuits were filed across a variety of industries in the United States – with theories of liability ranging from hand sanitizer false-labeling allegations,...more

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

Cozen O'Connor

Class Certification Denied in Portion of COI Case Based on Argument that the Policies are STOLI

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The United States District Court for the Southern District of New York recently issued a decision denying class certification to sub-classes in a cost of insurance (“COI”) class action based upon the insurer’s defense that...more

Carlton Fields

Life Industry Class Action Trends in the First Half of 2020

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The first half of 2020 saw an uptick in the filing of class action lawsuits against life insurance companies. Life insurance companies have continued to be the target of putative class actions in California challenging...more

Orrick, Herrington & Sutcliffe LLP

SDNY Rules on Class Plaintiffs' Motion for Class Certification in AXA COI Litigation

On August 13, 2020, in the putative class action challenging AXA’s COI rate increase on Athena Universal Life II (“AUL II”) policies, Judge Jesse M. Furman of the United States District Court for the Southern District of New...more

Robins Kaplan LLP

Financial Daily Dose 6.10.2020 | Top Story: Fed Expected to Stay the Course Despite Jump in May Jobs

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The Fed is expected to hold rates steady as its June Open Market Committee meeting wraps today. Analysts expect that the better-than-expected May jobs numbers won’t be nearly enough for the central bank to suggest it is close...more

Carlton Fields

Did Your Text Message or Phone Call Campaign Use an Illegal “Autodialer”?

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Like companies in other industries, life, annuity, and securities companies and their affiliates have faced class actions asserting claims under the Telephone Consumer Protection Act....more

Carlton Fields

Policy Lapse Notice Claims on the Rise in California

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Two companion amendments to the California insurance law have received increased attention from the plaintiffs’ bar recently. On January 1, 2013, sections 10113.71 and 10113.72 were enacted to amend the California Insurance...more

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