Tag Archives: Insurance

BakerHostetler’s 2023 Q1 Insurance Class Action Quarterly Report Released

Photo of Mark JohnsonPhoto of Mathew G. DroctonBy Mark Johnson and Mathew G. Drocton on Posted in Class Action Trends
Traffic jam at road. Background blurredBakerHostetler released its 2023 Q1 Insurance Class Action Quarterly Report, which summarizes a variety of insurance class action themes. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class actions involving sales tax depreciation, appraisal and privacy claims for data shared … Continue Reading

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

By C. Zachary Rosenberg on Posted in Consumer Class Action, Insurance, TCPA
On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because the insured’s robocalls did not constitute conduct of the insured’s business “in rendering services for others,” as required by … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

By Judy Selby on Posted in Class Actions Privacy, Class Certification, Consumer Fraud, Data Breach, Rule 12 Motions to Dismiss, Standing
Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused.  In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

Those Blasted Exclusions! Court Rules that Notice of TCPA Exclusion in Renewal Policy was Valid

By C. Zachary Rosenberg on Posted in Class Action Trends, Insurance, Ohio, Settlements
Last week, the Illinois Court of Appeals released an opinion ruling that Cincinnati Insurance Company has no obligation to contribute an additional $4 million to a settlement of a class action claim brought under the Telephone Consumer Protection Act (TCPA).  Windmill Nursing Pavilion Ltd. v. Cincinnati Insurance Co. et al., 2013 IL App (1st) 122431 … Continue Reading

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

By Judy Selby on Posted in Data Breach, Insurance
On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class action lawsuits arising out of the disclosure of confidential health information.  Hartford Casualty Insurance Company v. Corcino & Associates et al., CV 13-3728 … Continue Reading

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

By Judy Selby on Posted in Class Action Trends, Class Certification, Insurance, Practice Pointers
Co-authored by: Zack Rosenberg Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit.  The litigation costs required to gain dismissal of even groundless lawsuits are not insubstantial, and a defendant’s inability to fund a vigorous defense can make … Continue Reading

20 Million Reasons Why Class Action Defendants Need to Read Their Insurance Policies Closely

By Judy Selby on Posted in Insurance, Practice Pointers
As previously noted in a recent blog post, defendants should immediately evaluate their insurance coverage upon receipt of a class action complaint.  But as one defendant recently discovered the hard way, that evaluation must be undertaken with great care.  In UnitedHealth Group Inc. v. Columbia Casualty Company et al., an insurer was able to avoid responsibility for its … Continue Reading
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