A highlight from this issue includes:

• Life Insurance Policies. The Ninth Circuit held that in cases involving life insurance policies a plaintiff could only recover if they could show damages from the statutory breach—i.e., it was not enough to just show the statute was violated. This was because it is a life insurance industry norm that policyholders often intentionally cancel their policies (or allow them to lapse) because, for term life insurance, premiums rise dramatically as the insureds age, and so many insureds decide they no longer want or can afford the cost of continuing the policy. This means that classes must be carefully defined because determining whether a class member intentionally allowed a policy to lapse often requires a fact-intensive individual inquiry.

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