Class Action Defense - Insurance

Overview

As a go-to law firm for class action matters for insurance industry giants and regional carriers alike, BakerHostetler has defended hundreds of class actions against insurers on claims involving property and casualty, life, title, collateral protection and other types of insurance.

Our Insurance Class Action team is adept at managing complex, national class actions, statewide matters, and individual “opt-out” cases because our attorneys have extensive class action procedural knowledge and a thorough understanding of the insurance industry, including coverage types, claims adjustment procedures and related laws and regulations.

Many times we have successfully defended alleged class claims prior to discovery or have substantially limited discovery prior to dispositive motions. Other times we have succeeded in having the class allegations stricken from the case at the outset. And on those occasions when it is best to settle, we are experienced in creatively resolving cases as inexpensively and efficiently as possible. Our attorneys are no stranger to the courtroom and have successfully battled class allegations in Circuit Courts of Appeal, federal district courts and state trial, appellate and supreme courts.

Select Experience

  • Obtained reversal of certification of a class of more than 44,000 insureds against State Farm Insurance in the U.S. Court of Appeals for the Seventh Circuit. Plaintiffs filed a petition for writ of certiorari before the U.S. Supreme Court, which was denied. The seminal decision explained and applied several principles of certification of a class action under Rule 23(b)(2) not previously addressed in prior authorities and authoritatively rejected the use of injunctive relief on a class basis for consumer claims.
  • Obtained summary judgment prior to class discovery in alleged class action against Associated Estates Realty Corp., the largest owner of rental property developments in Ohio, challenging the use of non-refundable bonds in lieu of security deposits that sought the return of all bond premiums for a 15-year period. Decision was affirmed on appeal.
  • Obtained affirmance of a summary judgment in favor of Chicago Title, which was accused by a certified class of Florida homeowners of overcharging homeowners for title insurance in their mortgage refinance transactions. The Third District Court of Appeals agreed with the lower court’s summary judgment that language in a Florida regulation did not impose an obligation on title insurers or their agents to conduct such a search or to disclose the availability of a lower reissue rate to the borrower in the refinance transaction. Appellant filed a motion for rehearing en banc, which was denied.
  • Defended three consolidated, alleged class actions against State Farm asserting claims relating to non-duplication clauses applied to benefits under medical payments and uninsured motorist coverage. A case dispositive certified question of law was accepted by Ohio Supreme Court and answered affirmatively in favor of client, reversing decades-old Ohio Supreme Court precedent that allowed insureds to recover for the same medical expenses twice under the medical payments and uninsured motorists coverages.
More »

Professionals

Name Title Office Email
Partner Denver
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Cleveland
Partner Columbus
Partner Denver
Partner Orlando
Partner Columbus
Partner Cleveland
Partner New York
Partner Orlando
Partner Columbus
Partner Cleveland
Partner Houston

Experience

  • Obtained reversal of certification of a class of more than 44,000 insureds against State Farm Insurance in the U.S. Court of Appeals for the Seventh Circuit. Plaintiffs filed a petition for writ of certiorari before the U.S. Supreme Court, which was denied. The seminal decision explained and applied several principles of certification of a class action under Rule 23(b)(2) not previously addressed in prior authorities and authoritatively rejected the use of injunctive relief on a class basis for consumer claims.
  • Obtained summary judgment prior to class discovery in alleged class action against Associated Estates Realty Corp., the largest owner of rental property developments in Ohio, challenging the use of non-refundable bonds in lieu of security deposits that sought the return of all bond premiums for a 15-year period. Decision was affirmed on appeal.
  • Obtained affirmance of a summary judgment in favor of Chicago Title, which was accused by a certified class of Florida homeowners of overcharging homeowners for title insurance in their mortgage refinance transactions. The Third District Court of Appeals agreed with the lower court’s summary judgment that language in a Florida regulation did not impose an obligation on title insurers or their agents to conduct such a search or to disclose the availability of a lower reissue rate to the borrower in the refinance transaction. Appellant filed a motion for rehearing en banc, which was denied.
  • Defended three consolidated, alleged class actions against State Farm asserting claims relating to non-duplication clauses applied to benefits under medical payments and uninsured motorist coverage. A case dispositive certified question of law was accepted by Ohio Supreme Court and answered affirmatively in favor of client, reversing decades-old Ohio Supreme Court precedent that allowed insureds to recover for the same medical expenses twice under the medical payments and uninsured motorists coverages.

News

Publications

Blog

In The Blogs

Previous Next
Class Action Lawsuit Defense
TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent
November 13, 2017
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act (TCPA). The...
Read More ->
Class Action Lawsuit Defense
Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement
October 10, 2017
The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative class action...
Read More ->
Class Action Lawsuit Defense
Corporation and Its Managers Held in Civil Contempt for Failing to Comply With Settlement Final Approval Order
September 26, 2017
Last month, Global Fitness Holdings LLC and its four managers were held in civil contempt for failure to comply with a final order approving a class action settlement. Gascho v. Global Fitness Holdings, LLC, S.D. Ohio No. 2:11-cv-436 (Aug...
Read More ->
Class Action Lawsuit Defense
Seventh Circuit Rejects Subway Footlong Class Settlement as a “Racket”
September 19, 2017
A recent Seventh Circuit decision pushed back on a proposed settlement of the Subway “footlong sub” class action, finding the proposed settlement a “racket” designed to benefit class counsel without any benefit to the class. The story...
Read More ->
Class Action Lawsuit Defense
Ninth Circuit again finds Article III standing in Spokeo: The injury was particularized in round one, and it’s concrete in round two.
August 23, 2017
The Spokeo saga continues. As our sister blog, the Data Privacy Monitor, reported here, the United States Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1550 (2016) (Spokeo II) vacated and remanded a Ninth...
Read More ->