Insurance Insights August 2024

Insurance Insights | California Supreme Court COVID-19 Claims, Georgia Holt Demands & Total-Loss Underpayment Claims

Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry.

In this issue, the California Supreme Court covers COVID-19 claims, Georgia reins in Holt demands, and a circuit split on total-loss underpayment claims may be in the offing. Read about these topics and more below.

Life Insurance 

Trends in California Lapse Litigation

Over a decade has now elapsed since California enacted Sections 10113.71 and 10113.72 of its Insurance Code. We cover the history of associated rulings and trends. Read more on page 3.

One Cost-of-Insurance Challenge Is Dissected on Appeal ...

The Eleventh Circuit affirmed in part and reversed in part a district court's dismissal of an insured's breach-of-contract claim related to cost-of-contract rates for universal life insurance policies. Reviews Advance Trust & Life Escrow Services LTA v. Protective Life Insurance Company, No. 22-12991 (11th Cir. Mar. 1, 2024). Read more on pages 3-4.

... While Another Speeds Up for Class Certification

Reviews Newton v. Brighthouse Life Insurance Co., No. 1:20 cv-02001 (N.D. Ga. May 9, 2024). Read more on page 4.

 

Coverage

No Coverage for COVID — California High Court Deals Blow to Policyholders

Reviews Another Planet Entertainment LLC v. Vigilant Insurance Co., No. S277893 (Cal. May 23, 2024). Read more on page 5.

 

P&C Class Actions

Northern District of Alabama Grants Certification in Total-Loss Underpayment Class Action

Reviews Reynolds v. Progressive Direct Insurance Co., No. 5:22-cv-00503 (N.D. Ala. Apr. 19, 2024), No. 24-90006 (11th Cir. June 14, 2024). Read more on page 6.

Possible Circuit Split Brewing? Third Circuit Narrows Total-Loss Underpayment Auto Class Action Claims

Reviews Lewis v. Government Employees Insurance Co., No. 22-3449 (3rd Cir. Apr. 2, 2024). Read more on pages 6-7.

 

Bad-Faith Statute

Q&A on Georgia's Newest Legislative "Fix" to Bad-Faith Insurance Litigation

We review Georgia Senate Bill 83 and how it plans to retool the Georgia Code governing settlement offers for motor vehicle personal injury cases. Read more on page 8.

 

Annuities

Department of Labor's New Fiduciary Rule Put on Hold

Reviews Federation of Americans for Consumer Choice Inc., et al. v. United States Department of Labor, et al., No. 6:24-cv-00163 (E.D. Tex. May 2, 2024). Read more on page 9.

 

Spotlight Interview

Mona Bhalla: New Lateral Partner, Insurance Litigation & Regulation Team

Andy Tuck, co-head of Alston & Bird's Insurance Group, leads an interview with Mona Bhalla regarding her professional experiences and what she's learned over her career. Read more on pages 10-12.

 

Media Contact
Alex Wolfe
Communications Director

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