Law360
Transamerica To Settle Insurance Rate Class Action For $195M
Transamerica Life Insurance Co. has agreed to pay $195 million to settle a consolidated class action accusing the company of breaching its agreements with policyholders by drastically increasing their monthly costs, according to a Thursday filing in California federal court seeking preliminary approval of the deal.
The insurer would pay $195 million into a common fund to be distributed to both customers whose policies are currently in force and those whose policies were terminated or lapsed after the increases first took effect, according to Thursday's motion by the plaintiffs' counsel.
The plaintiffs are represented by Andrew S. Friedman and Francis J. Balint Jr. of Bonnett Fairbourn Friedman & Balint PC, Adam M. Moskowitz and Howard Bushman of The Moskowitz Law Firm and Harvey Rosenfield and Jerry Flanagan of Consumer Watchdog.
Law360
Carnival Says Travel Insurance Row Must Be Arbitrated
Carnival Corp. has urged a Florida federal court to force a proposed class of consumers to arbitrate the dispute pertaining to a complaint alleging that Carnival was paid concealed kickbacks when they bought travel insurance policies offered by the cruise operator, arguing its ticket contracts contain an arbitration clause. On Wednesday, Adam Moskowitz, a lawyer for the plaintiffs, noted that the plaintiffs previously reviewed Carnival's motion for arbitration, saying, "We researched this specific issue prior to filing our cases and feel confident that we will provide the court with sufficient proof that arbitration is not required under our facts."
Adam M. Moskowitz, Howard M. Bushman, and Joseph M. Kaye of The Moskowitz Law Firm have collaborated with attorneys from other leading firms (Bonnett Fairbourn Friedman & Balint PC, Levin Papantonio Thomas Mitchell Rafferty Proctor PA, Merlin Law Group) to file three separate proposed class action complaints on behalf of plaintiffs related to travel insurance programs (Carnival, Royal Caribbean, Norwegian).
Law360
Norwegian Cruise Accused Of Travel Insurance Ruse
Norwegian Cruise Lines got hit with a proposed class action Friday in Florida federal court alleging the company reaped concealed kickbacks via the sale of travel insurance policies. Adam Moskowitz, a lawyer for the lead plaintiffs, told Law360 on Monday that plaintiffs have filed three separate proposed class action complaints related to travel insurance programs. They filed the first case last month against Carnival Cruise Lines and now have filed complaints against Royal Caribbean and Norwegian Cruise Lines.
“We carefully followed and reviewed the extensive investigation by the National Association of Insurance Commissioners who already found that many of these insurance practices were misleading and deceptive,” said Moskowitz.
Law360
Carnival Got Kickbacks For Selling Travel Policies, Suit Says
A group of Carnival Corp. passengers launched a proposed class action in Florida federal court Friday alleging the cruise operator aggressively marketed travel insurance policies in exchange for kickbacks from insurers, resulting in higher policy premiums for customers.
“We are honored to join together with some of the best insurance experts and law firms in these cases to put an end to these deceptive practices,” Moskowitz said in a statement.
News & Guts
Supreme Court Decision Back Employers (And Trump) On Class Action Lawsuits
The Supreme Court issued a 5–4 decision Monday in Epic Systems v. Lewis allowing employers to deprive their workers of their right to sue collectively. Adam Moskowitz, Founder and Managing Partner of The Moskowitz Law Firm in Miami, has represented millions of consumers in class actions cases where arbitration clauses existed and where they did not.
He points out this could be a big blow to workers. “It follows many of the recent cases that have ruled against consumers and in favor of big companies" which require "formal arbitration proceedings" that "make it very hard to get any relief," Moskowitz says. But, "the unique nature of the ruling is that it was not decided on any constitutional grounds, so Congress and the public may decide to simply amend the Federal Arbitration Act to allow these types of claims, thereby changing the recent trend that prevents individuals from having any rights to bring lawsuits in a court of law,” he added.
Daily Business Review
Class Action Targets CIBA Insurance as 'Ponzi Scheme'
A putative class action filed last Wednesday in federal court in San Francisco accuses California-based CIBA Insurance of operating as an illegal “ponzi scheme” in collaboration with a number of insurance company partners, including co-defendant Great Lakes Insurance SE. According to the complaint, CIBA—which operates in 48 states—rakes in tens of millions of dollars in premiums annually while circumventing insurance laws in California and nationally.
One of nine filing attorneys for the putative class action, Coral Gables lawyer Adam Moskowitz, said CIBA Insurance "has been able to skirt the insurance regulators, so there are no regulators checking their books every month."
Law360
Petition Seeks Hurricane Flood Suit Consolidation In South Florida
Homeowners in Florida, Puerto Rico and the U.S. Virgin Islands who suffered flood damage in recent hurricanes and filed suits against insurers backed by the National Flood Insurance Program have lodged a petition to have pretrial proceedings consolidated in the Southern District of Florida. Most cases are expected to be filed by Floridians.
Attorneys for the petitioning homeowners include Adam M. Moskowitz, Howard M. Bushman and Adam A. Schwartzbaum of The Moskowitz Law Firm.
Daily Business Review
Attorneys Ask MDL Panel to Transfer Federal Flood Lawsuits to South Florida
The petition comes from Adam M. Moskowitz and Adam A. Schwartzbaum of The Moskowitz Law Firm, as well as attorneys from the Merlin Law Group and Clark Love & Hutson.
Attorneys say federal courts are juggling hundreds of thousands of claims that some districts struggle to handle and consolidation will do for flood victims what the MDL litigation framework did for millions of claimants in asbestos products liability lawsuits.
“This is an unprecedented way to handle these cases. Nobody has used the MDL panel to move them," said Moskowitz. “These are people who have flooded homes. They need immediate relief. You’re going to need a tool. We believe it will help both plaintiffs and defendants,” Moskowitz added.
ClassAction.org
CIBA, Great Lakes Sued Over Alleged Property Insurance ‘Ponzi Scheme’
Commercial Industrial Building Owner’s Alliance, Inc. (CIBA) and Great Lakes Insurance SE have been named in a proposed class action centered around an allegedly unlawful insurance scheme executed by the defendants in California.
The lawsuit alleges CIBA secretly acted as an insurance carrier despite being unlicensed and unregulated, and that the defendants failed to disclose to plan members the “true risk” of purchasing insurance under their policy given that that “a single catastrophic occurrence could deplete the entire shared limit of available coverage.”
The Moskowitz Law Firm is among the firm's representing the class.
Daily Business Review
National Class Action Litigator Opens Up About Stress, Quitting Drinking
Adam Moskowitz realized a few years ago that he needed to make a change. Through the support of his family and friends, he was able to overcome his unhealthy lifestyle and reliance on alcohol to cope with stress.
Still one of the top federal class action lawyers in the country, the Coral Gables litigator continues to be dedicated to healthy living four years later and wants to help stoke honest conversations about stress and mental health in the legal profession.
Two months after leaving Kozyak Tropin & Throckmorton and founding The Moskowitz Law Firm, Moskowitz sat down with The Daily Business Review to talk about his professional and personal growth, and how he hopes he can inspire even one attorney struggling with drinking or stress to do something about.
Law360
Towns, Schools Say Turf Maker Hid Faulty Fibers
A putative class of municipalities and schools urged a New Jersey federal court Monday to keep alive multidistrict litigation against a company they say deliberately concealed shoddy sports field turf, arguing they should be allowed to pursue claims that
otherwise would have expired.
“We are very confident in the claims that we submitted in our complaint and we look forward to having the issues adjudicated by U.S. District Judge Michael A. Shipp and moving on toward class certification for the benefit of all class members across the country,” co-lead counsel for the class Adam M. Moskowitz told Law360 Tuesday.
Palm Beach Post
Suicides, addiction — even murder — vex state’s lawyers
Miami Attorney Adam Moskowitz says many in his profession suffer from substance abuse.
“As I kept becoming more successful in my class actions, I started to get caught up with other lawyers. It was very easy to go out with a big group as a stress reliever or a crutch to drink,” he said. “It started to take a toll physically.”
Crain's Miami
Crain's Miami: "If I Knew Then..." Featuring Adam Moskowitz, Founder & Managing Partner, The Moskowitz Law Firm
Shortly after announcing the launch of his new firm, Adam M. Moskowitz discusses overcoming the unhealthy lifestyle of his past and how it has led to the betterment of his personal and professional future as one of the most successful class action lawyers in the country.
"Now I’m a better lawyer for my clients because now I have a solid base."
Law.com
Critical Mass: Why Adam Moskowitz is Starting His Own Firm
After 25 years, it might not be too surprising that plaintiffs’ attorney Adam Moskowitz has decided to leave Kozyak Tropin & Throckmorton to start his own firm — but his reason might surprise you. “I just needed to make the jump,” said Moskowitz.
The Miami Herald
Senior-Level Hires and Promotions For The Week Of Jan. 29, 2018
At The Moskowitz Law Firm in Miami, which is newly formed: Adam M. Moskowitz is Managing Partner of the Firm, which is focused primarily on representing plaintiffs in class action and commercial matters. Howard M. Bushman is Partner. He was formerly at Harke Clasby & Bushman.
Law360
Miami Class Action Attorney Exits Kozyak Tropin To Start Firm
Miami-based class action attorney Adam Moskowitz has left Kozyak Tropin & Throckmorton PA after a prominent 25-year career there to launch a firm of his own, with plans to focus his new firm’s practice primarily on representing plaintiffs in class actions and commercial litigation, The Moskowitz Law Firm said Wednesday.
The new firm, has opened on the heels of Moskowitz’s settlement of about 30 force-placed insurance class action lawsuits for consumers, recovering approximately $5.9 billion in relief so far for more than 5 million homeowners nationwide.
“Class action litigation is often the first and only line of defense for consumers in protecting against corporate abuse, negligence and fraud,” Moskowitz said in a statement. “The Moskowitz Law Firm will be among only a few firms in the country to concentrate solely on this form of consumer representation. By narrowing our focus and resources to serving consumers in this capacity, we can take on even more claims of injustice that might otherwise be ignored.”
Daily Business Review
Adam Moskowitz Leaves Kozyak Tropin After 25 Years to Launch New Class Action Firm
The Moskowitz Law Firm began operating in early January and expects to expand quickly.
Plaintiffs attorney Adam Moskowitz has left Kozyak Tropin & Throckmorton after 25 years to start his own firm representing clients in the kind of class action and commercial matters that made him well-known nationwide as a member of the plaintiffs bar.
Moskowitz has settled more than 30 nationwide class action cases against banks and insurers relating to high-priced insurance forced on homeowners.