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Auto insurance policies typically provide for insureds to be reimbursed for expenses they incur in assisting in the defense of a lawsuit against the insured that is being defended by the insurer.  Some putative class actions have been brought on the theory that insurers fail to proactively determine whether these expenses are incurred and pay…

Last week, in my August 7, 2012 post, I reported on a new class action filed against AIG/Chartis involving the subrogation “made whole” doctrine.  A recent Florida federal district court decision in a putative class action on this issue is significant because it struck the class allegations on the pleadings.

In Vandenbrink v. State …

A recent article by Eric Lee on InsuranceNewsNet describes potential class action filings against auto insurers regarding premiums for collision coverage on the grounds that the premium for this coverage allegedly was not reduced as the vehicle depreciated.  The article describes the founder of Auto Insurance Relief, which is apparently a California-based company, as…

Last week there was significant media attention given to a report issued by the Consumer Federation of America regarding the use of software by insurers to adjust bodily injury claims, such as “Colossus,” typically under auto insurance policies.  The report explains:

Over the past ten to fifteen years, the payment of bodily injury claims covered…

Insurers writing auto policies in California seeking to keep repair costs down by encouraging their insureds to use preferred repair facilities, and encouraging the use of non-original equipment manufacturer (OEM) parts, now have a potential roadmap to follow from the California Court of Appeal.

In Ortega v. Topa Insurance Company, No. B228889, 2012 Cal.

After Wal-Mart v. Dukes, plaintiffs’ lawyers tend to file more narrowly-tailored, single state class actions, often focusing on insurers’ compliance with state statutes or regulations.  Recent filings against GEICO and Progressive, two of the country’s largest auto insurers, are good examples of this trend: 

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Last week a Pennsylvania federal judge ruled that auto insurers must make determinations about which vehicles have passive antitheft devices qualifying for a premium discount under Pennsylvania law, and give discounts for such devices automatically if the vehicle has such a device, regardless of whether the insured asks for a discount.  All insurers writing auto…