Misrepresentation, Class Action, Insurance Litigation

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

Carlton Fields on 5/1/2025

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

Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that...

Wiley Rein LLP on 4/7/2025

In a case in which Wiley represented one of the insurers, the Delaware Superior Court, applying Virginia law, has held that an exclusion in professional liability policies issued to an insurance company barring coverage for...more

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

Bennett Jones LLP on 12/6/2024

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

Insurance Update - April 2022

Rivkin Radler LLP on 4/21/2022

Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Ontario Court of Appeal Certifies Class Action Against Sun Life

Bennett Jones LLP on 9/17/2018

On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada, overturning certain parts of the motion judge’s decision and certifying a class action against Sun Life...more

Summary Judgment for Insurer in Annuity Sales Practices Action

Carlton Fields on 7/27/2017

On March 31, in Chambers v. N. American Co. for Life & Health Ins., an action alleging RICO violations and other claims in the sales of deferred annuities to seniors, the Southern District of Iowa granted the insurer’s motion...more