This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Civil Litigation,
California Courts of Appeal

Aug. 23, 2011

Court clarifies class certification issue for insurance industry

The court lends a hand to class action defendants, particularly those who sell insurance and annuities.

Fletcher C. Alford

Gordon & Rees LLP

275 Battery St
San Francisco , CA 94111

Phone: 415-986-5900

Email: falford@gordonrees.com

Douglas A. Scullion

Dentons US LLP

In Fairbanks v. Farmers New World Life Ins. Co., 2011 DJDAR 11606 (2nd Dist. July 13, 2011) , the 2nd District Court of Appeal affirmed a trial court's order denying class certification where plaintiffs failed to present common proof of an alleged marketing scheme related to the sale of life insurance by Farmers. The 2nd District held that whether any putative class member actually heard any misrepresentation in connection with the sale of the life insurance policy was an issue in...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails