Writing for the panel, Fifth Circuit Judge James E. Graves Jr. said the court must determine whether the five categories of costs were losses incurred solely as a result of the system failure.
The proposed class encompasses Hartford Insurance policyholders in New Jersey and those insured by Twin City in Missouri who filed claims within certain dates.
During the first week of testimony in the trial, which began Jan. 8, a series of current and former Davis Polk professional development employees introduced jurors to the concept of a "time to go" conversation, in which associates are told they need to find a new job but are not fired on the spot.
The suit arises from an insured's objection to USAA's decision to declare her nearly restored 1983 Mercedes-Benz 300SD was a salvage vehicle after a collision