Class Action & Other Insurance Litigation

We have considerable experience in related insurance litigation areas, including insurance class actions and distribution and sales force litigation.

Insurance Class Actions

We have defended insurance companies in a variety of national class action lawsuits involving: deceptive sales practices, misrepresentation of policy terms, association marketing, creditor-placed insurance, twisting of agent commissions, and improper calculation of cash values. 

Insurance Distribution and Sales Force Litigation

We also have represented a number of insurers and reinsurers in litigation related to distribution and sales force litigation, including pirating groups of agents, wrongful termination, unpaid commissions, and brokerage-sharing agreements. 

Representative Matters

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Serve as national coordinating coverage counsel for Assurant Health, a premier provider of specialized insurance products and related services. Foley's role includes advising Assurant Health on litigation matters involving coverage, disputes with brokers and agents, putative class actions and general commercial disputes involving the company.
Obtained summary judgment for a leading U.S. property and casualty carrier in litigation filed by a major consumer products company seeking to rescind a settlement agreement entered years earlier and additional coverage for environmental pollution claims. The plaintiffs alleged that they induced to enter into the agreement by our client's misrepresentations regarding the existence of allegedly lost policies, failure to disclose material information, breach of fiduciary duties and bad faith. Following extensive discovery, we were awarded summary judgment in a lengthy opinion examining and ultimately rejecting the legal theories and factual contentions asserted by the plaintiff.
Successfully represented a national health insurer in a proposed class action alleging that the copayments charged by the insurer for chiropractic care violated state and federal law. The case was dismissed (on our motion) on ERISA grounds.