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.
State Farm
Recent Property & Casualty Class Action Decisions – Part One
There have been an unusually large number of significant decisions in insurance class actions over the last couple of weeks. I will not be able to discuss all of them in detail but thought you would like to have shorter summaries of them. Here is the first installment regarding recent P&C class action decisions:
- Folks
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New Auto Insurance Class Actions Filed In West Virginia and Oklahoma
I recently came across two new auto insurance class actions filed in West Virginia and Oklahoma, which I thought would be of interest to readers of my blog:
- Smith v. State Farm Mutual Automobile Insurance Company, Civil Action No. 12-C-38 (Circuit Court of Ohio County, West Virginia), removed to federal court, Case No. 5:12-cv-0023-FPS
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Property Insurance Class Action on Polybutylene (PB) Pipes Against State Farm: Partial Summary Judgment in Favor of Class Is Recommended
A recent report and recommendation by a federal magistrate judge in Arizona recommends that partial summary judgment be granted in favor of a certified class of insureds, in a property insurance class action involving polybutylene (PB) plumbing. Given this result, other insurance companies might see new “piggyback” class action filings on this issue, which potentially…
Recent New Insurance Class Actions Involving Use of Staff Counsel, Wildfire Claims, and Depreciation on Auto Claims
Several notable recent class action filings against insurers have come across my desk (or computer screen) and seem worthy of interest to readers of this blog. I will summarize and comment briefly on them. If you’d like a copy of any of the complaints, just e-mail me.
- Use of Staff Counsel: In Golden
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Class Action on Insurance Company’s Use of a Database To Evaluate Medical Bills: Colorado Supreme Court Says Denial of Class Certification Was Proper
The Colorado Supreme Court recently issued several new decisions on class certification, one of which was in an insurance class action – State Farm Mutual Automobile Insurance Company v. Reyher, Case No. 10SC77, 2011 Colo. LEXIS 844 (Colo. Oct. 31, 2011). This was one of many putative class actions that have been filed involving…
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.…
Consideration of the Merits on Class Certification: Certiorari Petition in Kartman v. State Farm Argues That Seventh Circuit Improperly Decided the Merits
I previously posted on the Seventh Circuit’s opinion reversing class certification in Kartman v. State Farm Mutual Auto. Ins. Co., where the plaintiffs claimed that State Farm improperly applied inconsistent standards in adjusting hail damage claims. Law360 recently reported on the petition for certiorari in that case. (I don’t have a link to the…
Class Action on Homeowners’ Insurance Claims for Hail Damage — Seventh Circuit Reverses Certification
The Seventh Circuit recently reversed a class certification against State Farm in a case involving hail damage claims. This decision is likely to be frequently cited in insurance coverage-related class actions. In Kartman v. State Farm Mut. Auto. Ins. Co., Plaintiffs asserted that State Farm’s adjustments of hail damage to roofs were inconsistent — in one…