Partner Mark Johnson and Associate Mathew Drocton released their 2024 Q1 Class Action Report in Law360 titled “Notable Q1 Updates in Insurance Class Actions.” Published May 6, 2024, the report details trends in class action, with takeaways summarized as follows:
- More multistate labor depreciation class actions will continue to be filed and challenged, with varying results depending on venue.
- Total loss valuation cases continue to sway in favor of insurers, with the exception of PSA cases.
- Plaintiffs are testing new theories regarding the titling process for totaled vehicles and the scope of UM coverage.
- Remaining class actions challenging sufficiency of Pandemic premium refunds are ending in favor of insurers.
- Prior regulatory review of software used to assess premiums can be an important tool to defend against challenges to rates as discriminatory.
- Washington courts now follow those of other states in approving use of databases to objectively measure reasonableness of healthcare providers’ charges.