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Class Action

Casting a Wide Net: Challenges to Lender-Placed Flood Insurance Erode Distinctions Between Banks and Insurers

January 25, 2013 by John W. Herrington and Robert D. Helfand

As banks play an increasing role in the marketing and sale of property-casualty insurance products, the businesses of banking and insurance are becoming entangled.  One place where they intersect is the purchase of lender-placed insurance protecting against floods and other hazards.  Uniform mortgage agreements typically give banks a right to “require” their borrowers to maintain certain types of insurance on mortgaged property, and to separately purchase that insurance ... Keep Reading »

Giving Short Rate: Farmers Potentially Liable for Unused Premium

January 7, 2013 by John R. Hart

Certain homeowners policies issued to California insureds by Farmers Group, Inc., contained the following cancellation terms:  “(1) If you cancel this policy, we shall return the short rate unused share of the premium. (2) If we cancel this policy, we shall return the prorated unused share of the premium.”  While indicating in this way that cancelling homeowners would receive something other than a “prorated” share, the policies did not state what the “short rate” share ... Keep Reading »

Slamming the Door: Innovative Procedural Gambits Fared Poorly Last Month

January 4, 2013 by John R. Hart

Procedural hurdles to maintaining cases in certain courts, or in a certain configuration of parties, can sometimes affect the outcome of litigation as much as the underlying merits. For a class action plaintiff (and especially for class counsel), the ability to resolve disputes over the defendant’s insurance coverage can be an immense boost in formulating a litigation and settlement strategy.  For an insurer disputing coverage, access to federal court might be what makes ... Keep Reading »

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