Insured’s Efforts To Minimize Conflicts Fail, Insurer Argues To U.S. High Court

Mealey's (April 5, 2021, 5:13 PM EDT) -- WASHINGTON, D.C. — A life insurer on March 31 argued to the U.S. Supreme Court that an Eighth Circuit U.S. Court of Appeals’ opinion deepened circuit conflicts as to whether class certification is proper when some members benefit from the same conduct that purportedly harms others and whether courts can certify a “fail-safe” class that defines membership by referring to success on the merits, contending that an insured’s “efforts to minimize both conflicts fail.”...