Insurance Insights December 2025

Insurance Insights | SCOTUS Watch, Filed-Rate Doctrine & Projected Sold Adjustments

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

In this issue, SCOTUS may reshape removals to federal court, the filed-rate doctrine wins in California, and projected sold adjustments win a quartet of appeals.

Supreme Court Watch: Shaping Removal to Federal Court

Jurisdictional Jenga – Can Improper Removal Bring It All Down?

Reviews Hain Celestial Group v. Palmquist, No. 24-724 (U.S.). Read more on page 2.

Removal Deadline on the Line – Can Courts Bend the 30-Day Rule?

Reviews Enbridge Energy LP v. Nessel, No. 24-783 (U.S.). Read more on page 3.

In Federal Court, Whose Rule Is It Anyway?

Reviews Berk v. Choy, No. 24-440 (U.S.). Read more on page 3.

 

Insurance Rate Reflections

Don't Forget the Filed-Rate Doctrine

Reviews Day v. GEICO Casualty Co., No. 24-2201 (9th Cir. July 9, 2025). Read more on page 4.

Cost of Insurance Goes to the Dogs

Reviews Sage v. Westchester Fire Insurance Company, No. 2:25-cv-01644 (W.D. Wash.), and Tenney v. Westchester Fire Insurance Company, No. 8:25-cv-02186 (C.D. Cal.). Read more on page 4.

 

Coverage Corner

Driving Toward Class Certification Denials in Auto Insurance Total-Loss Suits

Reviews Drummond v. Progressive, No. 24-1267 (3rd Cir. July 7, 2025); Freeman v. Progressive, No. 24-1684 (4th Cir. Aug. 25, 2025); Schroeder v. Progressive, No. 24-1559 (7th Cir. July 24, 2025); and Ambrosio v. Progressive, No. 24-2708 (9th Cir. Sept. 12, 2025). Read more on page 5.

Eleventh Circuit Predicts Florida Would Apply the Notice-Prejudice Rule to Claim Notice Provisions

Reviews L. Squared Industries v. Nautilus Insurance Co., No. 23-13031 (11th Cir. Oct. 15, 2025). Read more on page 5.

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