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HomeInsuranceLiberty Mutual class motion lawsuit replace - appeals court docket reveals resolution

Liberty Mutual class motion lawsuit replace – appeals court docket reveals resolution

Liberty Mutual class action lawsuit update - appeals court reveals decision

A call by an appeals court docket has decided {that a} class motion towards Liberty Mutual Insurance coverage and its contractor over claims for totaled vehicles can be “unmanageable.”

The category-action lawsuit filed towards Liberty Mutual and its valuation contractor CCC Clever Options claimed breach of contract and unfair commerce practices. The criticism argued that Liberty’s insurance coverage coverage required fee of the “precise money worth” of a totaled automobile, however CCC Clever Options assigns valuation to autos based mostly on their costs in personal transactions as a substitute of dealership costs. Plaintiffs additionally accused Liberty of adjusting the worth proven on the CCC studies and claimed that the “situation changes” violated Washington state regulation.

Whereas the case managed to push by a movement to dismiss, a Tacoma, WA district court docket choose denied it class-action certification.

Final week, the ninth US Circuit Courtroom of Appeals affirmed the district court docket choose’s resolution to disclaim class-action standing.

“If there was no harm, then there was no breach of contract or unfair commerce observe,” stated Circuit Choose Ryan Nelson in a written resolution, including that “determining whether or not every plaintiff was injured can be an individualized course of,” and would finally be “unmanageable.”

CCC’s attorneys issued an announcement on the choice, calling it “significantly impactful in mild of quite a few putative class actions – all involving related claims towards CCC and its insurer clients – which can be nonetheless pending.”

JD Supra reported that insurers may use the choice as a precedent in circumstances involving different strains of insurance coverage reminiscent of property, the place there are disputes over precise money worth or substitute value worth.

Reuters reached out to John DeStefano of Hagens Berman, who argued the attraction on behalf of the plaintiffs, for remark, and the lawyer stated that they’re “evaluating choices.”



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