Attempt at Class Action Against Insurer Bounce Back to State Court

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No court really likes to deal with class action suits, especially when they seek prospective action. In Leroy Mack v. USAA Casualty Insurance Company, No. 19-14958, USCA 11TH (April 22, 2021) Leroy Mack totaled his car and was not satisfied with the method his insurer, USAA Casualty Insurance Company, used to calculate what it paid him. He sued USAA on behalf of himself and a putative class for declaratory judgments that USAA’s method was inconsistent with Florida law and the insurance policy. As supplemental relief to those declaratory judgment claims, Mack also asked for USAA to recalculate the class members’ claims using a legal method and make them new offers. Mack conceded, however, that a “correct” calculation method will not necessarily result in higher offers.

ZALMA OPINION

Because Mack tried to turn a declaratory relief action about insurance coverage into a class action and made most of his suit moot by entering into a personal settlement with USAA he simply had no standing to be in federal court.