The California Court of Appeal recently affirmed a denial of class certification in Fairbanks v. Farmers New World Life Insurance CompanyThe plaintiffs alleged that Farmers violated the California Unfair Competition Law in connection with its marketing and sales of universal life and flexible universal life policies.  The central claim was that Farmers designed

It is relatively rare for defendants to take discovery from non-named members of the putative class, which generally requires court approval.  But such discovery can be quite useful in opposing class certification by highlighting differences in experience and viewpoints among putative class members.  Where depositions of a sample of putative class members turn up information

A new Sixth Circuit opinion in two putative class actions involving rates for title insurance demonstrates several lessons generally applicable to insurance class actions.  In Randleman v. Fidelity National Title Insurance Company, the plaintiffs claimed that title insurers failed to provide proper discounts for refinancing of mortgages.  The applicable Ohio rate manual provided that