Gunn v. Continental Casualty

This case was found for Continental but it is being appealed by the US 7th Circuit Court of Appeals. The plaintiff’s claim concerns whether premium increases are discriminatory to class. Part of the plaintiff’s argument relies on the fact that states have jurisdiction over rate increases, but there is no uniformity across states. For example, if one state has an annual cap of 2% but another state has no cap, then a policyholder in the latter state is extremely disadvantaged compared to the policyholder living in the former state. This case seems to test the notion of state, rather than national, jurisdiction over rate increases.

Seems like a tough argument. But, upon reading, you be the judge. The case is an interesting read, despite what you might think of the claim(s) contained within.

On Sept. 3rd, 2019, the judge for the case found for the defendant. The attorneys for the case, HAGENS BERMAN SOBOL SHAPIRO LLP, then appealed to the 7th Circuit Court of Appeals.

Author: Samuel Cuscovitch

Research scientist / strategist.

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