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Insurance Family Law

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

by Ward and Smith, P.A. on

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Estate Tax Impact of Life Insurance Required by Divorce

by Charles (Chuck) Rubin on

Please see chart below for more information....more

The Uniform Trust Decanting Act's conflicting commentary

by Charles E. Rounds, Jr. on

The texts of the myriad trust-related uniform statutes could be better coordinated and synchronized. So also could the official commentaries that accompany the myriad sections of the individual uniform statute. Take, for...more

Do I have to pay for my Child’s Car Insurance?

Many divorcing or divorced parents ask whether they will have to pay for the cost of their child’s car insurance once their child reaches driving age. This is always a difficult question to answer because New Jersey law does...more

Employing the term "family" in trust instruments and trust-related legislation is asking for trouble

by Charles E. Rounds, Jr. on

Employing the term “family” in trust instruments and trust-related legislation is asking for trouble. In §8.15.6 of Loring and Rounds: A Trustee’s Handbook (2016) the authors explain why the meaning of the term in a given...more

Health Care Coverage for California Employers After Obergefell v. Hodges

by Seyfarth Shaw LLP on

After the U.S. Supreme Court’s landmark marriage-equality decision this summer (Obergefell v. Hodges), we now have full equality between same-sex and opposite-sex spouses under federal and state law. That decision affects...more

Beware of conflating power of appointment doctrine and merger doctrine in the trust context

by Charles E. Rounds, Jr. on

Assume a trust that was initially for the benefit of its settlor (who is now dead) has the following additional terms: All net trust-accounting income to settlor’s surviving spouse (X) for life; trustee may invade principal...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

Employee Benefits After Obergefell

by Locke Lord LLP on

In a historic decision, the United States Supreme Court in Obergefell v. Hodges recently held that the Fourteenth Amendment of the United States Constitution requires all jurisdictions in all fifty states to: (1) license a...more

Health Alert (Australia) - July 20, 2015

by DLA Piper on

In This Issue: New South Wales (NSW). 14 July 2015 - Ping Yuan v Da Yong Chen [2015] NSWSC 932 The New South Wales Supreme Court has made a declaration allowing an unconscious man's wife to consent to the...more

Employee Benefits Implications of Supreme Court Decision on Same-Sex Marriage

by McDermott Will & Emery on

On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that it is unconstitutional for a state to ban same-sex couples from exercising the fundamental right to marry. As a result of this...more

Till Death Do Us Part. . . or at Least Until the Divorce Becomes Final

by LeClairRyan on

When important changes occur in life, it is advisable to reevaluate your estate planning to ensure it continues to meet the goals and objectives you have for your estate and your beneficiaries – and going through a divorce is...more

Court Warns That Marriage Does Not Render A Spouse Automatically Entitled To Preexisting Life Insurance Policies

by Cole Schotz on

In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln...more

Benefits of an Irrevocable Life Insurance Trust as Security for Support

by Lewitt Hackman on

Divorce or separation agreements often require one spouse to maintain life insurance as security for their support obligation. Attorneys often do not address the tax implications if the insured spouse owns the policy. ...more

Health Alert (Australia) - March 2, 2015

by DLA Piper on

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 23 February 2015 - Same-sex adoption a step closer with review of laws - Same-sex adoption in Victoria is a step closer,...more

The Massachusetts Uniform Trust Code: Context, Content, and Critique

by Charles E. Rounds, Jr. on

The law review article "The Massachusetts Uniform Trust Code: Context, Content and Critique," 96 Mass. L. Rev. 27 (2014), co-authored by Courtney J. Maloney and Charles E. Rounds, Jr., contains a detailed discussion of the...more

Death After Divorce: Who Gets the Proceeds?

by Carlton Fields on

Under the common law of some states, if an individual names his or her spouse as the beneficiary on a life insurance policy, gets divorced, and then dies without changing the beneficiary designation, the mere fact of a...more

Hospitals and Health Insurers Prodded on Same-Sex and Transgender Issues

by Faegre Baker Daniels on

In separate actions yesterday, CMS and the New York State insurance regulatory authority took steps to (a) assure equal treatment of same-sex spouses by hospitals and (b) insurance coverage of medically necessary transgender...more

How Does Arizona Same Sex Marriage Impact HR?

by Jaburg Wilk on

On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of? 1. The definition of spouse in employee manuals and...more

My Life for Your Love: California Supreme Court to Decide Whether Frankie Valli’s Life Insurance Policy is Community Property

On April 3, 2014, the California Supreme Court heard oral arguments in the matter In re Marriage of Valli, S193990. The major legal question presented to the Court is whether a life insurance policy purchased with community...more

Is a quiet (silent) trust illusory?

by Charles E. Rounds, Jr. on

Is a quiet or silent trust illusory? The question is intentionally ambiguous. Is the question whether the trust itself is illusory, or just its quietness? A quiet or silent trust has been defined as “an irrevocable trust...more

HHS Guidance Clarifies that Insurance Companies Must Make Available Health Insurance Coverage for Same-Sex Spouses

by McDermott Will & Emery on

On March 14, 2014, the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released guidance clarifying the final regulations implementing Section 2702 of the Public Health Service Act...more

Using an Annuity to Keep the Spouse of a Medicaid Applicant from Becoming Impoverished

When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without many resources. While Medicaid has rules to prevent community spouses from impoverishment, the protections...more

Wealth Management Update - October 2013

by Proskauer Rose LLP on

The October § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%. This is up from September's 2.0% rate. The applicable federal rate ("AFR") for use with a sale to a defective...more

Monthly Benefits Update - September 2013

by Franczek Radelet P.C. on

Health & Welfare Plans - Health Care Reform: FAQ Part XVI Addresses Insurance Exchange Notice and 90-Day Waiting Period Requirement. The Treasury, the Department of Labor and the Department of Health and Human...more

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