The recent denial of class certification in Fosmire v. Progressive Max Ins. Co., 2011 U.S. Dist. LEXIS 117366 (W.D. Wash. Oct. 11, 2011) is the second opinion I’ve seen post-Wal-Mart that applies the new standards in detail in an insurance class action. This putative nationwide class action alleged that Progressive improperly failed to pay for … Continue Reading
I recently wrote a post regarding a new class action in Pennsylvania against Erie Insurance Exchange. The suit alleges failure to pay expense reimbursement coverage under auto policies, which provides for reimbursement for expenses and/or lost wages incurred by the insured in assisting with defending a lawsuit. One of my readers helpfully pointed out that … Continue Reading
In recent years there has been a significant amount of class action litigation in various jurisdictions regarding labor rates for repairs on auto claims. The California Court of Appeal, Second Appellate District, recently affirmed a denial of class certification in one of these cases, focusing on the fact that the insurer handled each claim in … Continue Reading
Insurance companies writing Personal Injury Protection (PIP) coverage in New York with optional extended benefits should pay careful attention to a class action recently brought against State Farm. Judge Block of the Eastern District of New York recently denied a motion to dismiss in this case. This may result in additional filings against other insurers. … Continue Reading
I recently came across a new class action filing in Albert v. Erie Insurance Exchange, in the Court of Common Pleas of Philadelphia County, Pennsylvania. (I don’t have a link to the complaint online, but e-mail me if you would like a copy.) The complaint focuses on a provision in auto policies that provides for … Continue Reading
On August 5th, Farmers Insurance announced a settlement of a nationwide class action in the District Court of Canadian County, Oklahoma, involving med-pay and PIP (personal injury protection) benefits under auto insurance policies. It was reported in a number of media sources, including the Insurance Journal. A class had been certified and the certification affirmed … Continue Reading
Class action trials are so rare that there is little guidance in court opinions on how these cases should be tried, other than hypothetical discussions in class certification decisions regarding how trials might be conducted. In Strawn v. Farmers Insurance Company of Oregon, recently reported in Legal Newsline and the Soha & Lang Coverage Blawg, … Continue Reading
I came across an interesting new class action suit against Nationwide, filed in the Northern District of Ohio on May 5, 2011. The complaint in Roche v. Nationwide Mutual Insurance Company was filed by a chiropractor who claims to be an assignee of insureds. (I don’t have a link to the complaint, but e-mail me … Continue Reading
The Illinois Appellate Court recently issued a decision reversing a class certification in Bemis v. Safeco Insurance Company, which involved medical payments under auto insurance policies. The case was filed by a chiropractor who claimed that Safeco used computer software to improperly reduce the cost of services, in breach of the contract requirement to pay … Continue Reading
Sagamore Insurance Company was alleged to have engaged in a practice whereby, with each bill sent out for an installment payment on an auto insurance policy, it would send a “notice of cancellation” that would cancel the policy if the installment payment was not received by the due date. If the payment was not made … Continue Reading
