Wills, Trusts, & Estate Planning, Insurance, Commercial Law & Contracts

Tales from the Crypt -- Post-Mortem Planning Using Private Placement Insurance Products

by Gerald Nowotny on 5/9/2013

Overview - This article discusses the use of private placement products - private placement deferred variable annuities (PPVA) and private placement life insurance (PPLI)- in post mortem income tax and transfer tax...more

Insight on Estate Planning - April/May 2013: Estate Planning Pitfall: You’ve named a minor as beneficiary of your life insurance...

by Adler Pollock & Sheehan P.C. on 4/2/2013

A common estate planning mistake is to designate a minor as beneficiary — or contingent beneficiary — of a life insurance policy or retirement plan. This brief article discusses why it’s better to designate one or more trusts...more

The Family Loan Shark - Leveraging the AFR in the Taxpayer’s Favor Intra-Family Loans and Private Placement Insurance Products –...

by Gerald Nowotny on 3/13/2013

Overview - High net worth and income taxpayers find themselves in a world of hurt following tax reform at the end of 2012. The top marginal bracket for taxpayers with more than $400,000 (single and $450,000 married)...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Policy Loans Can Bite You

by Charles (Chuck) Rubin on 11/9/2012

Life insurance policies can be great vehicles for income tax deferral. Part of this arises from the fact that earnings growth that occurs inside the policy is not subject to current income tax (and may never be taxed if the...more

Cashing in on a Life Insurance Policy

by Davis Brown Law Firm on 10/1/2012

Certain life insurance, such as whole life, carries a cash value with the policy. The premiums you pay each month go towards a certain amount of coverage for your beneficiaries when you die. In addition, a certain portion of...more

Michigan Appellate Court Affirms Validity of Electronic Signature Under UETA

by BuckleySandler LLP on 8/6/2012

Recently, the Michigan Court of Appeals affirmed summary judgment in favor of a defendant insurance company seeking to dispose of a challenge to an electronic signature executed by a policyholder. Zulkiewski v. Am. Gen. Life...more

Michigan Court Assesses Electronic Signature Authentication under UETA in Online Insurance Transaction

by Proskauer - New Media & Technology on 7/30/2012

The acceptance of electronic signatures in commercial transactions has become so commonplace that disputes about their use are relatively few. A Michigan appeals court recently considered the validity of an electronic...more

Using Private Placement Insurance Products to Achieve Tax Efficiency for High Net Worth Investors

by Gerald Nowotny on 7/25/2012

Originally published in Journal Of Taxation Of Investments - Summer 2012. Although no one can predict what Congress will do at any point, it is quite likely we will see higher income tax rates in the near future, along...more

Delaware Federal Court Issues Important Post-Price Dawe Opinion

by Orrick, Herrington & Sutcliffe LLP on 7/18/2012

In a memorandum opinion issued in Principal Life Insurance Company v. Lawrence Rucker 2007 Insurance Trust on June 26, 2012, a federal district court applied the Delaware Supreme Court’s holding in PHL Variable Life Insurance...more

An Introduction on China’s Senior Pension Mechanism

by Qin Qu on 4/1/2012

While China’s aging population rapidly grows in recent years, combining with raising expanse for living, more and more people are concerning about their retirement fund—how they can support themselves on medical expenses and...more

Long Term Care Insurance May Become a Thing of the Past

by Fein, Such, Kahn & Shepard, P.C. on 3/27/2012

It seems that the insurance companies really boggled it when it came to pricing out long term care insurance policies. Long term care policies have been hit by a triple whammy - historically low interest rates, policy holders...more

California District Court Grants Summary Judgment to Life Insurer in Rescission Case

by Manatt, Phelps & Phillips, LLP on 3/7/2012

Judge Virginia Phillips of the United States District Court, Central District of California, granted summary judgment to USAA Life Insurance Company, finding that Dr. Marshall Salkin made material misrepresentations regarding...more

Don't Sign It Until You've Read It: Signature of Subscription Documents Binds Insured to Undesirable Policy Terms

by Sedgwick LLP on 2/2/2012

United States Court of Appeals for the Seventh Circuit In National Production Workers Union Ins. Trust v. Cigna Corp., ___ F.3d ___, 2011 WL 6880650 (7th Cir. (Ill.) Dec. 30, 2011), the U.S. Court of Appeals for the...more

Recent Developments in the Life Settlement Industry

by Dechert LLP on 11/16/2011

Recently, the Supreme Court of Delaware issued two rulings regarding life settlements that have attracted media and life settlement industry attention. The Delaware high court ruled in both cases that under Delaware state...more

Federal Court: Egregious Facts May Permit Life Policy Rescission After Expiration of Incontestability Period

by Sutherland Asbill & Brennan LLP on 10/21/2010

The U.S. District Court for the Southern District of New York recently ruled on the parties’ motions for summary judgment in Settlement Funding, LLC v. AXA Equitable Life Ins. Co., No. 09 CV 8685 (HB) (S.D.N.Y. Sept. 29,...more

McAfee & Taft: AgLINC: Agriculture & Equine Industry Legal Information News & Commentary - March 2010

by McAfee & Taft on 3/18/2010

Inside This Issue: 2 Landowner considerations when negotiating wind energy leases 3 Avoiding pitfalls associated with crop insurance 3 DOL issues rule change for workers on farms 4 Do you need to update your estate...more

Don’t Text Your Savings Away

by Kaufman Law Group on 12/28/2009

On Jan. 1, 2010, Illinois is joining more than 20 other states that have passed laws that prohibit texting while driving. So why is this important to your business or estate plan? In two words: Asset Protection. If you or...more

Are You Legally Healthy?

by Las Vegas, Personal Injury Lawyer, Howard... on 8/19/2009

Doctors recommend periodic checkups. Cars need regular exams. Is there a similar “checkup” for legal matters? Yes, a “legal checkup,” which is often called “preventive law.” Getting a legal checkup can keep you in good legal...more

California Court of Appeal Refuses to Extend Insurer's Duties to Nonparty: Spouse of Deceased Insured Has No Independent Fraud...

by Manatt, Phelps & Phillips, LLP on 4/16/2009

A spouse may not sue an insurer for individual tort claims under a health insurance policy issued to his deceased wife. Refusing to create a new tort under California law, California’s Fourth Appellate District in The Mega...more

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Wills, Trusts, & Estate Planning › Insurance › Commercial Law & Contracts