News & Analysis as of

Private Right of Action Insurance Litigation

Zelle  LLP

When Are Insurance Code Chapter 542 Penalties Not Owed?

Zelle LLP on

There are a litany of deadlines an insurer must be mindful of, and this is especially true in Texas, which imposes a number of statutorily prescribed deadlines during the claim adjustment process. The Texas Prompt Payment of...more

Carlton Fields

Second Circuit Opens Door to Lawsuits Based on Contract Violating 1940 Act

Carlton Fields on

The Second Circuit has decided that Section 47(b) of the Investment Company Act of 1940 provides a private right of action for rescission of a contract that violates any provision of the 1940 Act or any rule or order...more

Akin Gump Strauss Hauer & Feld LLP

Issues to Consider when Evaluating Cyber Coverage in Light of the CCPA and Other State Privacy Laws

With the expansion of privacy legislation—from the General Data Protection Regulation (GDPR) in Europe to the coming California Consumer Privacy Act (CCPA) in the United States—cyber liability insurance is taking on increased...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

Recent Ninth Circuit Rulings Uphold Plaintiffs’ Efforts to Predicate Claims on Alleged Insurance Code Violations — Likely More to...

Carlton Fields on

Recent rulings suggest insurers face increased risk of suits predicating breach of contract and state unfair trade practices claims on alleged violation of state insurance laws, notwithstanding the lack of an express private...more

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