The filed rate doctrine can often provide a strong defense to an insurer in a class action claiming that insurance premiums were too high for some reason. A recent Second Circuit decision applied the doctrine broadly. This decision is likely to be helpful to insurers in future cases.
Underwriting
Class Action Against State Auto Concerning Homeowners’ Policy Limits Is One Worth Watching
By Wystan Ackerman on
Posted in Property Insurance
Insurers typically adjust (or propose to adjust) the policy limits on a homeowners’ policy every year to take into account changes in the cost of construction. This is intended to help insureds make sure that sufficient coverage is available if there is a total loss. At the same time, this can result in an increase …
Title Insurance Class Action: Denial of Certification Demonstrates Strategies for Avoiding and Defending Underwriting-Related Class Actions
By Wystan Ackerman on
Posted in Title Insurance
Back in May of 2011, I wrote a blog post about a denial of class certification by the Western District of Washington in Boucher v. First American Title Insurance Company. The court denied certification but allowed the plaintiffs to conduct discovery and later file a renewed motion for class certification. The recent decision on…
New Underwriting Class Action Against Allstate Alleges Overvaluation of Homes
By Wystan Ackerman on
Posted in Property Insurance
In February, there was a new class action filed against Citizens Property Insurance Corporation, Florida’s property insurer of last resort, alleging that it was using Xactware’s 360Value software to purportedly overvalue homes and charge inflated premiums. This week, Allstate was sued in a putative nationwide class action in Illinois federal court making claims on…
Insureds Paying Premiums for No Coverage? Health Insurance Class Action Against Aflac Where Premium Was Charged For Over-age Dependant
By Wystan Ackerman on
Posted in Health Insurance
Insurers that issue coverage only for insureds within certain age brackets should review their procedures with respect to whether they might be charging premiums for insureds that are not entitled to coverage under the terms of the policy. One example of this is where health insurance companies issue policies that allow coverage for dependants only…