BakerHostetler has released its Insurance Class Action Quarterly Report for 2023 Q4. The report examines the 2023 trends in established class action theories and provides a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years, undervaluation cases shifted in the insurers’ favor on class certification, with one notable exception: projected sales adjustment cases. On the flip side, insureds gained major wins on the merits of tax and regulatory fee cases, and we’ve since seen these cases shift to settlement posture. In the labor depreciation world, a federal judge put the brakes on plaintiffs’ counsels’ attempts to use information learned in prior settlements. On the new side, a COVID-19 premium putative class case received the green light to proceed and a privacy class action challenging the submission of personal information to the Insurance Services Office (ISO) was dismissed from federal court and sent back to state court.
