In a putative class action pending Arkansas federal court, a question of law was certified to the Arkansas Supreme Court regarding whether labor may be depreciated on property insurance claims, if the insurance policy does not define the term “actual cash value” (see my May 8, 2013 blog post on the federal court’s certification of
Arkansas
Depreciation Class Action: Arkansas Federal Court Certifies Question to Arkansas Supreme Court
By Wystan Ackerman on
Posted in Property Insurance
In August of 2012, I reported on a newly-filed class action in Arkansas federal court alleging that, in estimates on property insurance claims, application of depreciation to labor costs is improper (see my August 7, 2012 blog post). As an update on this case, Chief Judge P.K. Holmes, III of the Western District of…
Amount in Controversy Under CAFA: New Arkansas Decision
By Wystan Ackerman on
Posted in Class Action Fairness Act
You may recall my blog post from last November about the Eighth Circuit’s opinion in Thatcher v. Hanover Ins. Group, Inc., 659 F.3d 1212 (8th Cir. 2011). In that opinion, the Eighth Circuit reversed an Arkansas federal district court decision allowing a plaintiff to voluntarily dismiss a putative class action without prejudice in order…
Class Action on Auto Insurance Cancellation Practices Certified By Arkansas Federal Court
By Wystan Ackerman on
Posted in Auto Insurance
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…