A look at the insurance lawsuit woes of Allstate, State Farm and more

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The insurance industry has seen a surge in lawsuits in recent years, as policyholders and regulators alike have taken a closer look at the practices of insurance companies — highlighting the importance of due diligence in underwriting standards. But with the promises of improved efficiency that come with artificial intelligence, how can insurers safely implement these tools?

Research published by Digital Insurance in January polled 100 experts from carriers to brokers on predictions for what 2024 would yield in terms of threats to industry growth, digital transformation opportunities, the growing use of AI and more. 

Respondents from carriers and agencies both agreed that there is value in using traditional AI and generative AI tools, but 73% found that it was too risky to deploy within their organizations. 

Broken down by each individual group, that view was prevalent among 83% of carriers and 60% of agency professionals.

A further 68% held that it was too risky to insure clients that use AI in some capacity, which yielded a smaller disparity in views among carriers and agency experts at 71% and 66% agreeing respectively.

John Romano, principal with Baker Tilly's principal financial services risk advisory practice, said that securely implementing AI-powered tools in an insurance organization requires regular audits to continually monitor their transparency and explainability.

"Assessing transparency will determine what data is used to come to an answer, and assessing explainability will determine if AI tools can provide understandable and clear reasons behind decisions," Romano said.

Read more: Does technology make it easier to perpetrate insurance fraud?

The rise in lawsuits against insurance providers over the last few years, while not centered around technology per se, highlights the growing trend of legal action involving business liability, business interruption and non-hurricane homeowners policies.

Lex Machina, a division of LexisNexis company, published its Insurance Litigation Report in June covering the period of 2021 to 2023. Across that time frame, roughly $1.56 billion in total damages was awarded as approved class action settlements, as originally reported by Digital Insurance's Kaitlyn Mattson.

Romano highlighted the importance of consistent communication between insurers and policyholders as part of managing customer relationships — especially in anticipation of an impending claims event.

"In today's insurance market, particularly with the increasing frequency and severity of natural disasters, consumers fear they won't receive the claims payouts they expect. … At the same time, regulators are focused on ensuring that insurers uphold their responsibility to policyholders, with concerns centered on both solvency and the fair treatment of consumers," Romano said.

Read more: Carriers must educate policyholders on weather damage risks, Nationwide P&C exec says

Read on to dive into some of the top lawsuits that have plagued insurers over the last few years and how they impacted firms and consumers alike.

Devastation from the wave of wildfires across the island of Maui.
Yuki Iwamura/Photographer: Yuki Iwamura/AFP/G

Allstate, State Farm sued over $4B Maui fire settlement

Six victims of the devastating wildfires that destroyed much of Maui last year have launched a lawsuit against a cohort of insurers, including State Farm and Allstate, for allegedly sabotaging plans to settle their claims.

The $4 billion deal would create a settlement fund to provide residents on the island with the capital necessary to continue rebuilding, while also resolving numerous outstanding lawsuits against Hawaiian Electric Industries Inc. and other companies considered to have caused the fires.

The lawsuit filed in state court in July goes after insurers seeking to garner roughly $2 billion from the fund as reimbursement for claim payments made last year. Hawaii state law includes what is known as a "made-whole doctrine," which dictates that insurance-policy customers must be "made whole" from losses before providers can call for a reimbursement.

"This action arises out of the greed of Hawaii's insurance industry to put their own selfish profits ahead of the suffering of the people of Maui who are the true victims of the Maui fires," according to the lawsuit, filed by lawyers for homeowners and business owners.

Read more: Allstate, State Farm sued over $4B Maui fire settlement
Wells Fargo nine.jpg

Wells Fargo shells out $300 million for insurance lawsuit settlement

In February 2023, Wells Fargo announced it would pay out a $300 million settlement as part of a securities-fraud class action suit alleging the bank erroneously charged its customers for unnecessary auto-collision protection insurance and masked the practice from shareholders.

The case, titled Purple Mountain Trust v. Wells Fargo & Co., followed in the wake of a New York Times examination of an internal Wells Fargo report showing that roughly 274,000 customers were put into delinquency and approximately 25,000 vehicles were repossessed as a result of the added cost of the insurance. The settlement was approved later that year.

"We appreciate the court's approval of this recovery, and the efforts of the lead plaintiff Construction Laborers Pension Trust for Southern California in prosecuting the case on behalf of all investors," Scott H. Saham, partner at law firm Robbins Geller Rudman & Dowd, said in a published statement.

Read more: Wells Fargo to pay $300 million to settle car insurance lawsuit
The gates at the entrance to Paramount Pictures' studios.
Armando Arorizo/Bloomberg

Paramount’s suit against Chubb for alleged coverage failures

In late 2021, Paramount Pictures Corporation filed suit against a unit of the insurance provider Chubb for allegedly failing to fully cover delay claims caused by the COVID-19 pandemic during production of "Mission: Impossible 7."

Paramount purchased a $100 million insurance package from Federal Insurance Corp., which is a division of Chubb, to protect against financial losses from cast work stoppages. But according to court filings, Federal allegedly reclassified several losses "as subject to only one limited category of coverage" and disbursed $5 million for a February 2020 illness.

"By doing so, Federal breached the parties' contract. Furthermore, Federal acted unreasonably, choosing to favor its interests over those of its insured, tortiously breaching the implied covenant of good faith and fair dealing," Paramount said in the filings.

Both parties agreed to end the suit in August 2022, following a confidential settlement that many media outlets reported to include a $71 million payout.

Read more: Paramount sues Chubb unit over 'Mission: Impossible' COVID-19 coverage
Picture of the Boy Scouts of America insignia on the back of a kerchief.
George Frey/Photographer: George Frey/Getty

A look at the complex fight between the Boy Scouts and its insurers

Legal counsel for more than 80,000 people who say they were sexually abused during their time as Boy Scouts argued in August 2021 that Century Indemnity Company and other units of Chubb Ltd. were responsible for contributing to a relief trust fund for victims — signaling new challenges to the youth organization's bankruptcy proceedings.

One of the focal points of the negotiations was Century, which insured the Boy Scouts of America starting in 1996. Lawyers on behalf of numerous plaintiffs worked to determine how much, if anything, the company can pay into the fund along with related Chubb subsidiary Insurance Company of North America. INA insured the organization prior to 1996.

Roughly four months later, Chubb and the BSA reached an agreement in which Century and other Chubb entities would pay $800 million to the victim's fund in return for "a broad release for all Chubb companies from BSA-related abuse claims," according to a December 2021 press release.

"The net financial impact to the company from the settlement will be substantially reduced by carried reserves and third-party reinsurance," Chubb said.

Read more: Boy Scouts insurance fight complicates deal to pay victims
Skyscrapers in London.
C WAGNER/William - stock.adobe.com

Notable insurance lawsuits in 2024

Seeking to overturn an amendment prohibiting transaction exemptions available to investment advice fiduciaries, the American Council of Life Insurers, National Association of Insurance and Financial Advisors and seven other insurance trade associations are suing the U.S. Department of Labor.

The group claims the rule diminishes consumers' agency when choosing a financial advisor as well as limits overall access to suitable retirement products.

"Our filing makes a convincing case that the DOL's fiduciary-only regulation suffers from the same legal defects as the DOL's failed 2016 rule. … It exceeds the DOL's authority under federal law, is arbitrary and capricious, and is unconstitutional," according to published statements.

In other legal news, Pamela Price, district attorney for California's Almeda County, announced that her office's Consumer Justice Bureau is suing multiple auto insurance companies and software developers over allegations of colluding "to create and use automobile valuation software to systematically undervalue ' totaled' vehicles and pay California insurance consumers less than the actual value owed under the policies," according to a press release.

Read more: Insurance associations sue U.S. DOL: Legal news