Archives: Auto Insurance

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Class Action on Diminution in Value Auto Claims: Recent Denial of Certification Illustrates Application of Wal-Mart v. Dukes to Insurance Class Actions

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

More On Class Actions Alleging Failure to Pay Expense Reimbursement Coverage Under Auto Policies

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

Class Action on Labor Rates for Auto Repairs: California Court of Appeal Upholds Denial of Certification

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

Class Action Against State Farm In New York On PIP Coverage: Motion to Dismiss Is Denied

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

Farmers Insurance Announces Settlement of Nationwide Med-Pay and PIP Class Action

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

Trial of an Insurance Class Action Involving PIP Coverage: Oregon Supreme Court Opinion Teaches Lessons

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

Class Action on Medical Payments under Auto Policy: Illinois Appellate Court Reverses Certification

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