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Preview: LexisNexis® Mealey's™ Emerging Insurance Disputes Legal News

LexisNexis® Mealey's™ Emerging Insurance Disputes Legal News



Headline Emerging Insurance Disputes Legal News from LexisNexis®



 



Federal Judge: No Employment Practices Coverage Owed For Age Discrimination Claims
DENVER - A Colorado federal judge on Nov. 14 granted an insurer's motion for summary judgment in a coverage dispute over underlying age discrimination and retaliation claims against its insured, finding that the insured failed to give timely notice of the claim (Scottsdale Indemnity Co. v. Convercent Inc., et al., No 17-01236, D. Colo., 2017 U.S. Dist. LEXIS 187939).



Judge Dismisses Breach Of Contract Claim In Coverage Dispute Over Mortgage Fraud
SEATTLE - A Washington federal judge on Nov. 13 dismissed a breach of contract claim brought by the Federal Deposit Insurance Corp. against fourth-level excess insurers in a coverage dispute arising from fraudulent mortgage loans, finding that third-level excess insurance has not been exhausted (Federal Deposit Insurance Corp. v. Arch Insurance Company, et al., No.14-0545, W.D. Wash., 2017 U.S. Dist. LEXIS 187224).



Objections To Insurer's Discovery Requests Overruled In Dispute Over Employee Theft
PHILADELPHIA - A Pennsylvania federal magistrate on Nov. 14 granted an insurer's motion to overrule objections to its request for the production of documents in a coverage dispute arising from the alleged theft of an insured's employee stock ownership plan assets by a former employee (Barbie Spear, in her capacity as trustee of the Alliance Holdings, Inc. Employee Stock Ownership Plan and Alliance Holdings, Inc. Employee Stock Ownership Plan, Plaintiffs v. Westfield Insurance Company, No. 15-00582, E.D. Pa., 2017 U.S. Dist. LEXIS 188193).



S.D. High Court: Professional Services Exclusion Bars Coverage For Surveying Error
PIERRE, S.D. - A designated professional services endorsement excludes all potential insurance coverage for any property damage caused by a land-surveying error, the South Dakota Supreme Court ruled Nov. 8, finding that a trial judge erred in granting summary judgment to a project architect (Western National Mutual Insurance Co. v. TSP Inc., No. 27798, S.D. Sup.).



California Panel: No Coverage Owed For Suits Alleging Liability For Opioid Epidemic
SANTA ANA, Calif. - A California appeals panel on Nov. 6 affirmed a lower court's finding that commercial general liability insurers have no duty to defend pharmaceutical manufacturers and distributors against two underling lawsuits alleging that they engaged in a fraudulent scheme to promote the use of opioids for long-term pain to increase corporate profits, finding that the underlying actions can be read only as being based on the insureds' deliberate and intentional conduct that produced injuries that were neither unexpected nor unforeseen (The Traveler's Property Casualty Company of America, et al. v. Actavis Inc., et al., No. G053749, Calif. App., 4th Dist., Div. 3, 2017 Cal. App. LEXIS 976).



Judge: Sexual Misconduct Suit Against Psychiatrist Potentially Triggers Coverage
CHICAGO - An Illinois federal judge on Nov. 8 found that an underlying lawsuit alleging sexual misconduct against a psychiatrist insured suggests an error in the insured's professional treatment and, therefore, potentially triggers coverage under a professional liability insurance policy (Professional Solution Insurance Co. v. Dale Giolas, M.D, et al., No. 16-9868, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 184995).



No Professional Liability Coverage Owed For Claims Arising From Foreclosure Suit
GREENBELT, Md. - A Maryland federal judge on Nov. 6 found that a lawyers professional liability insurer has no duty to defend or indemnify its insured against underlying claims arising from the insured's handling of the closing of the short sale of an estate's property (James River Insurance Co. v. Brick House Title, LLC, No. 16-3464, D. Md., 2017 U.S. Dist. LEXIS 183225).



Insurer's Conduct Belies Fact That It Was Prejudiced By Doctor's Lack Of Cooperation
GREENBELT, Md. - A Maryland federal judge held Oct. 16 that a professional liability insurer is liable for the money damages incurred by its insureds in a medical malpractice dispute, rejecting the insurer's argument that a doctor insured's failure to cooperate was a sufficient basis to deny coverage and finding instead that the insurer was prejudiced by its own choice not to defend the malpractice lawsuit from the beginning (Claudia M. Mora, et al. v. Lancet Indemnity Risk Retention Group, Inc., No. 16-960, D. Md., 2017 U.S. Dist. LEXIS 171122).



Parties Submit Arguments To 7th Circuit On Duty To Defend In Class Action
SAN FRANCISCO - An insurer and a real estate broker recently submitted their arguments in the Seventh Circuit U.S. Court of Appeals, disputing whether an exclusion in the policy precludes coverage in relation to an underlying lawsuit in which class members allege that the broker and individual agents received secret profits while acting as their real estate agents (Hanover Insurance Co. v. Paul M. Zagaris Inc. et al., 17-15477, 9th Cir.).



Judge: 3 Policy Exclusions Bar Coverage For Damage Caused By Marijuana Operations
DETROIT - Finding that tenants' use of an insured's commercial property units to grow marijuana was illegal or at the very least dishonest, a Michigan federal judge on Nov. 8 held that coverage for the insured's losses arising from this activity is barred by an insurance policy's illegal/dishonest acts provision, as well as two other policy exclusions (K.V.G. Properties Inc. v. Westfield Insurance Co., No. 16-11561, E.D. Mich., 2017 U.S. Dist. LEXIS 185005).



Suit Over Loan Closing Programs Administratively Closed After Settlement Announced
MILWAUKEE - A Wisconsin federal judge on Nov. 1 administratively closed a coverage dispute arising from the insured's mortgage loan closing services after the remaining parties announced that they have reached a settlement (Fiserv Solutions Inc. v. Endurance American Specialty Insurance Co., et al., No. 11-0603, E.D. Wis.).



Court Erred In Applying 2-Year Statute Of Limitations To Claim Against Broker
LAKELAND, Fla. - A Florida appeals panel on Nov. 3 found that a lower court improperly granted summary judgment in favor of an insurance broker on a intentional misrepresentation claim, concluding that the court should have applied a six-year statute of limitations instead of a two-year statute of limitations in determining whether the claim was valid (Haji Tehrani v. 1st Source Insurance Inc., et al., No. 2D16-1020, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 15883).



Florida Panel Affirms Stay Of Equine Mortality Coverage Suit Pending Arbitration
MIAMI - A Florida appeals panel on Nov. 1 affirmed a lower court's ruling granting an insurer's motion to stay an insured's lawsuit seeking equine mortality coverage for a loss arising from the death of a horse and compelling arbitration (Lucky Star Horses, Inc., et al. v. Diamond State Insurance Co., No. 3D17-725, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 15718).



Federal Judge: No Evidence Insured's Race Prompted Insurer's Coverage Decisions
LITTLE ROCK, Ark. - An Arkansas federal judge on Oct. 27 dismissed with prejudice an insured's 42 U.S. Code Section 1981 claim against his insurer, finding that there was no evidence that the insured's race prompted the insurer's coverage decisions regarding damage caused by two storms (Kasib Tauheed Bilal v. IDS Property & Casualty Insurance Co., No. 16-675, E.D. Ark., 2017 U.S. Dist. LEXIS 178317).



Wine Collector Asks Panel To Reverse No Coverage Ruling For Alleged $18M Wine Fraud
SANTA ANA, Calif. - A high-end wine collector has asked a California appeals court to reverse a lower court's judgment in favor of an insurer in his lawsuit seeking coverage for an alleged multimillion-dollar loss to his wine collection due to fraud (David Doyle v. Fireman's Fund Insurance Company, No. G054197, Calif. App., 4th Dist., Div. 3).



Judge: Case Can Proceed On Whether Coverage Is Barred By Policy Exclusions
PHILADELPHIA - A Pennsylvania federal judge on Oct. 31 allowed an errors and omissions insurer's declaratory judgment lawsuit to proceed on whether coverage for underlying claims for federal antitrust violations are precluded by the policy's related claim and/or prior litigation exclusions (Allied World Specialty Insurance Company, formally known as Darwin National Assurance Company v. Independence Blue Cross, No.17-1463, E.D. Pa., 2017 U.S. Dist. LEXIS 179962).



Professional Services Exclusion Does Not Bar Coverage, Federal Magistrate Says
SAN FRANCISCO - A California federal magistrate on Oct. 24 rejected an insurer's reliance on an "architects and engineers professional services exclusion" to bar directors and officers liability coverage for an underlying lawsuit brought against its environmental engineering company insured, finding that the insurer has a duty to defend (RMC Water and Environment v. Travelers Casualty and Surety Company of America, No. 17-00379, N.D. Calif., 2017 U.S. Dist. LEXIS 176107).



Professional Services Exclusion Relieves Insurer From Defending Wrongful Death Suit
ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 19 held that a commercial general liability insurance policy's professional services exclusion bars coverage for an underlying wrongful death lawsuit alleging that the insured negligently designed and constructed the intersection where a fatal accident occurred (Witkin Design Group, Inc. v. Travelers Property Casualty Company of America, No. 17-10478, 11th Cir., 2017 U.S. App. LEXIS 20431).



Illinois Panel Reverses Ruling In Insurer's Favor In Dispute Over $5.2M Verdict
CHICAGO - An Illinois appeals panel on Oct. 18 found that a lower court erred in determining that emergency medical services fell within the scope of an insurance policy's "products-completed operations hazard" provision, reversing and remanding a lower court's ruling in favor of the insurer in a dispute over coverage for an underlying $5.2 million jury verdict (The City of Park Ridge, et al. v. Clarendon American Insurance Company, et al., No. 01-17-0453, Ill. App., 1st Dist., 3rd Div., 2017 Ill. App. LEXIS 656).



Federal Court Retains Jurisdiction Of Suit Over Doctor's Alleged Sexual Abuse
CHARLESTON, W.Va. - A West Virginia federal judge on Oct. 26 refused to dismiss an insurer's declaratory judgment lawsuit disputing coverage for underlying claims that its doctor insured sexually assaulted his patients while they were under anesthesia and performed their colonoscopies while distracted or impaired (Westfield Insurance Co. v. Steven R. Matulis, et al., No. 17-01269, S.D. W.Va., 2017 U.S. Dist. LEXIS 177460).



Federal Judge: Insured Should Have Reasonably Known Malpractice Claim Was Likely
PHOENIX - An Arizona federal judge on Oct. 24 ruled that although a medical malpractice insurer has no duty to defend or indemnify its insured against an underlying lawsuit, he cannot conclude at the present time whether the insurer acted in bad faith or breached its duty of care (National Fire & Marine Insurance Co. v. Infini PLC, et al., No. 16-03874, D. Ariz., 2017 U.S. Dist. LEXIS 175908).



Insurer Has No Duty To Indemnify Insured For Loss Over Damaged Lawns, Panel Affirms
ELGIN, Ill. - An Illinois appeals panel on Oct. 26 affirmed a lower court's ruling that an insurer has no duty to indemnify its insured for the expenses it incurred in restoring 26 lawns that were damaged due to the negligence of one of its employees (DeMeester's Flower Shop and Greenhouse, Inc. v. Florists' Mutual Insurance Company, Inc., et al., No. 2-16-1001, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 666).



Insurer Fails To Establish Federal Jurisdiction In Suit Challenging Its Practices
SEATTLE - Granting an insured's motion to remand its class action lawsuit challenging an insurer's practices involving personal injury protection (PIP) coverage, a Washington federal judge on Oct. 26 found that the insurer failed to establish the existence of federal question, diversity or supplemental jurisdiction (Stan Schiff v. Liberty Mutual Fire Insurance Co., et al., No. 17-914, W.D. Wash., 2017 U.S. Dist. LEXIS 177762).



Panel Reverses Denial Of Prejudgment Interest In Executive Liability Coverage Suit
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Oct. 19 reversed a lower federal court's denial of a claimant's request for prejudgment interest in an executive and organization liability insurance coverage dispute, remanding with instructions for the lower court to determine the start date for prejudgment interest and to calculate the amount due the claimant (Daryl J. Kollman, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 15-35795, 9th Cir., 2017 U.S. App. LEXIS 20566).



Judge: Fact Issue As To Whether Occurrence Caused Physical Injury, Loss Of Use
LAFAYETTE, La. - Denying a commercial general liability insurer's motion for summary judgment, a Louisiana federal judge on Oct. 19 held that insureds have provided evidence demonstrating that there is an issue of material fact regarding whether an occurrence of misapplying chemicals caused physical injury and/or loss of use of the rice and crawfish crops (Scottsdale Insurance Co. v. TL Spreader, LLC, et al., No. 15-2664, W.D. La., 2017 U.S. Dist. LEXIS 174439).



Judge Refuses To Reconsider Ruling In Dispute Over Coverage For Construction Suit
SEATTLE - A Washington federal judge on Oct. 19 refused to reconsider its prior ruling that T-Mobile USA did not satisfy its burden of demonstrating an entitlement to reimbursement as its subsidiary's parent company and coverage or recovery as it subsidiary's sole member in a coverage dispute arising from damage caused by a cell phone tower (T-Mobile USA Inc. v. Selective Insurance Company of America, No. 15-1739, W.D. Wash., 2017 U.S. Dist. LEXIS 174501).



Insurer Challenges $25M Coverage In New York Court For Claims Over 'Pink Slime'
NEW YORK - An insurer for The Walt Disney Co. filed suit in a New York court on Oct. 26, seeking a declaration that it has no duty to reimburse the full $25 million policy limit to a Disney subsidiary and its employee for an underlying settlement over defamation claims (AIG Specialty Insurance Company, f/k/a Chartis Specialty Insurance Co. v. American Broadcasting Companies, et al., No. 656581/2017, N.Y. Sup., New York Co.).



Disney Insurer Responds To Arbitration Request In Suit Arising From 'Pink Slime'
LOS ANGELES - A Walt Disney Co. insurer on Oct. 26 filed an opposition to the insured's motion to compel arbitration in a coverage dispute stemming from "pink slime" defamation claims against Disney's subsidiary, arguing that the motion is too late and in clear violation of the unambiguous policy language (The Walt Disney Company v. AIG Specialty Insurance Co., No. 17-07598, C.D. Calif.).



Insurer Seeks Reversal Of Finding That Trade Dress Claim Triggered Duty To Defend
SAN FRANCISCO - A commercial general liability insurer recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that it has a duty to defend its garment merchant insured against an underlying lawsuit, arguing that the lower court erred in finding that the insured was potentially liable for alleged damages arising from trade dress infringement in one of its advertisements (Great Lakes Reinsurance [UK] PLC v. In and Out Fashion Inc., 16-56425, 9th Cir.).



Insured Asks 10th Circuit To Reverse No Coverage Ruling In TCPA Coverage Dispute
DENVER - An insured recently appealed to the 10th Circuit U.S. Court of Appeals a lower federal court's ruling that its insurer has no duty to defend and indemnify it against underlying claims that it made unpermitted telemarketing calls to consumers and potential consumers of its broadcasting products and services (Ace American Insurance Co. v. Dish Network LLC, 17-1140, 10th Cir.).



Majority's Answer Did Not Resolve Conflict Of Interest Question, Insured Argues
BOSTON - An insured filed a supplemental brief in the First Circuit U.S. Court of Appeals on Sept. 5 following the answer of the majority of the Massachusetts Supreme Judicial Court to certified questions in an employment practices liability coverage dispute (Mount Vernon Fire Insurance Co. v. VisionAid Inc., 15-1351, 1st Cir.).



Appellant: Court's Interpretation Renders Loan Agreement Illusory, Unreasonable
RICHMOND, Va. - An appellant has asked the Fourth Circuit U.S. Court of Appeals to reverse a lower court's dismissal of its breach of contract and tortious interference counterclaims against an insurer, arguing the lower court's interpretation of a $500,000 development loan agreement "renders it illusory, commercially unreasonable and inconsistent with the intentions of the parties" (Fidelity & Guaranty Life Ins. v. United Advisory Group, No. 17-1077, 4th Cir.).



SEC Investigation Does Not Trigger Coverage For $3M In Legal Costs, Panel Affirms
DENVER - The 10th Circuit U.S. Court of Appeals on Oct. 17 affirmed a lower federal court's entry of summary judgment in favor of an insurer, rejecting the insured's argument that an investigation by the U.S. Securities and Exchange Commission is a claim under its directors and officers liability policy that warrants coverage for all of its $3 million in legal fees (MusclePharm Corporation v. Liberty Insurance Underwriters, Inc., No. 16-1462, 10th Cir., 2017 U.S. App. LEXIS 20233).



Res Judicata Bars 2nd Suit Against Insurer, Federal Judge Rules
GREENBELT, Md. - A Maryland federal judge on Oct. 6 held that the doctrine of res judicata bars an insured's second lawsuit against its insurer seeking coverage for an underlying Racketeer Influenced and Corrupt Organizations (RICO) Act lawsuit (The Humane Society of The United States v. National Union Fire Insurance Company of Pittsburgh, P.A., No. 16-2029, D. Md., 2017 U.S. Dist. LEXIS 166064).



Insureds Appeal No Coverage Ruling For Antitrust, Monopolizing Conduct Claims
ATLANTA - Insureds have asked the 11th Circuit U.S. Court of Appeals to reverse a lower federal court's finding that there is no further coverage owed for lawsuits alleging that they have intentionally engaged in wrongful antitrust and monopolizing conduct in an effort to dominate the health care service industry (Health First Inc., et al. v. Capitol Specialty Insurance Corporation, et al., No. 17-11181, 11th Cir.).



Federal Judge Dismisses Professional Liability Insurer's Declaratory Judgment Suit
NEWARK, N.J. - A New Jersey federal judge on Oct. 17 dismissed a professional liability insurer's lawsuit disputing coverage for an underlying legal malpractice action against its law firm insured, finding that the underlying state court provides an adequate forum to resolve the dispute involving substantial similarity in both issues and parties (Markel Ins. Co. v. Connolly, Connolly & Heun, LLP, et al., No. 17-1885, D. N.J., 2017 U.S. Dist. LEXIS 170325).



No Coverage For Claims That Insured, Franchisees Violated Consumer Protection Laws
TRENTON, N.J. - A New Jersey federal judge on Sept. 29 held that because underlying allegations against an insured and its franchisees are for violations of New Jersey consumer protection laws, coverage is excluded and the professional liability insurer has no duty to defend the insured (The Hanover Insurance Co. v. Retrofitness, LLC, No. 16-1751, D. N.J., 2017 U.S. Dist. LEXIS 163912).



Claim And Underwriting Files Are Relevant, Discoverable, Judge Rules In Reversal
EAST ST. LOUIS, Ill. - An Illinois federal judge on Sept. 27 reversed a magistrate judge's denial of a hospital's motion to compel a professional liability insurer to immediately produce the underwriting file for an insurance policy and the claim file pertaining to an underlying medical malpractice lawsuit, finding that the claim file and underwriting file are "relevant and discoverable" (National Fire and Marine Insurance Company v. Lee Lindemann, et al., No. 15-910, S.D. Ill., 2017 U.S. Dist. LEXIS 159153).



No Disparagement Alleged To Trigger Insurer's Duty To Defend, 9th Circuit Affirms
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Oct. 11 affirmed a lower federal court's finding that there was no potential for coverage that could trigger a general liability insurer's duty to defend against an underlying lawsuit alleging the insured interfered with prospective economic relations and committed unfair competition (Crisp Enterprises Inc. v. Golden Eagle Insurance Co., No. 16-55657, 9th Cir., 2017 U.S. App. LEXIS 19900).



Insurer Opposes Judgment Motion In Hotel's Data Breach Coverage Suit
ORLANDO, Fla. - In an Oct. 12 brief in Florida federal court, a commercial general liability insurer opposes a motion for judgment as to its duty to defend in a data breach coverage dispute, arguing that the hotel that experienced the breach, which is claiming resulting losses, is not an insured under the policy (St. Paul Fire & Marine Insurance Co. v. Rosen Millennium Inc., No. 6:17-cv-00540, M.D. Fla.).



Judge: War Exclusions Bar Coverage For Postponement, Relocation Of Television Show
LOS ANGELES - A California federal judge on Oct. 6 held that war exclusions in a motion picture/television producers portfolio insurance policy bar coverage for the expenses a production company incurred in postponing and subsequently relocating the production of the television show "Dig" from Israel because of conflict in summer 2014 (Universal Cable Productions LLC, et al. v. Atlantic Specialty Insurance Co., No. 16-4435, C.D. Calif., 2017 U.S. Dist. LEXIS 167463).



Intellectual Property Exclusion Bars Coverage For Trademark Dispute, Judge Says
TAMPA, Fla. - A Florida federal judge on Oct. 4 entered judgment in favor of an insurer in a "personal and advertising injury" coverage dispute, finding that the policy's intellectual property exclusion bars coverage because all of the underlying causes of action were dependent on the insured's infringement of a trademark (Land's End at Sunset Beach Community Association, Inc. v. Aspen Specialty Insurance Co., No. 17-1740, M.D. Fla., 2017 U.S. Dist. LEXIS 163457).



Judge Allows Insurer To Amend Complaint And Serve Gunshot Victim By Publication
CHARLESTON, W.Va. - A West Virginia federal judge on Oct. 10 granted a commercial general liability insurer's motion to amend its complaint for the second time and serve by publication a claimant who suffered a gunshot injury while patronizing a bar owned by the insured (Capitol Specialty Insurance Corp. v. Tayworsky LLC, et al., No. 16-11340, S. D. W.Va., 2017 U.S. Dist. LEXIS 166927).



Judge Denies Insurer's Summary Judgment Motion In Lawsuit Arising From Altercation
ST. PAUL, Minn. - A Minnesota federal judge on Oct. 10 denied without prejudice a homeowners insurer's motion for summary judgment in its lawsuit challenging coverage for the fallout from an underlying altercation involving a former University of Minnesota quarterback (State Farm Fire & Casualty Co. v. Philip Robert Nelson, et al., No. 16-1415, D. Minn., 2017 U.S. Dist. LEXIS 167164).



State Farm Defends Motion To Compel Discovery For Computer Fraud Claims
GULFPORT, Miss. - In an Oct. 2 rebuttal brief supporting its motion to compel discovery related to its computer fraud counterclaims in a decade-old false claims suit related to Hurricane Katrina claims, State Farm Fire and Casualty Co. calls its discovery requests "straightforward," while arguing that the counterdefendants failed to show that the requests are burdensome or cover privileged material (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).



Fee Arrangement Exclusion Bars Coverage, New York Justice Rules
NEW YORK - A New York justice on Sept. 18 granted insurers' motions for summary judgment in a dispute over coverage for the insureds' purported participation in kickback schemes involving force-placed insurance, finding that the fee arrangement (FA) exclusion bars coverage and that the legal costs sought by the insureds are not covered losses (QBE Americas, Inc., et al. Ace American Insurance Company, et al., No. 653442/2013, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 3543).



Judge: Fact Issues Preclude Summary Judgment In Coverage Suit Over Embezzled Funds
SAN JOSE, Calif. - On remand, a California federal judge on Sept. 29 found that there are fact issues that preclude summary judgment in a lawsuit seeking recovery under a fidelity bond for embezzled client funds (Thomas Dillon v. Continental Casualty Co., No. 10-05238, N.D. Calif., 2017 U.S. Dist. LEXIS 162972).



2016 Insurance-Related Class Actions Filed In Or Removed To Federal Court
By Charlotte E. Thomas (Complete version of commentary with images available. Document #13-171019-199X.) This report analyzes 210 insurance-related class actions1 filed in or removed to federal court in 2016. In many respects, the results are predictable. The greatest percentage of the insurance-related class actions involve coverage or claims handling decisions, although there were a few interesting pockets of recurring class claims, such as inflated drug prices and cost of insurance ("COI") increases for life insurance policies. The predominant forum choices were on the American coasts, California and Florida being the preferred locations. One notable result was the frequency of voluntarily dismissals by the plaintiff and individual settlements reached with the named plaintiff only. It can only be surmised that either these cases never were intended to be consummated as class actions or that impediments arose after filing that prevented a cost-effective resolution on a class-wide basis.