News & Analysis as of

Beneficiaries Insurance Industry

ArentFox Schiff

PHL Variable Insurance Company Placed into Rehabilitation in Connecticut

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PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial...more

Kohrman Jackson & Krantz LLP

Navigating Changes in FDIC Insurance Coverage: Ensuring Deposit Security Amidst Revised Limits

As of April 1, 2024, the Federal Deposit Insurance Corporation (FDIC) has implemented significant changes to its insurance coverage limits, particularly affecting trust accounts. These adjustments aim to simplify coverage...more

The Wagner Law Group

Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke

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Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension plans to insurance companies. And the trend...more

Allen Barron, Inc.

Success is Built into Business Succession

Allen Barron, Inc. on

Isn’t it interesting that success is built into business succession. Still, most US companies do not have a business succession plan in place. What is business succession planning and how does it enhance your own success and...more

Seward & Kissel LLP

Changes to FDIC Insurance of Trust Accounts Effective April 1, 2024

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As described in our previous client memo in May 2022, the FDIC is amending its regulations governing deposit insurance to merge the revocable and irrevocable trust deposit insurance categories into one “trust accounts”...more

Walkers

Non-Compliant Transfers of Cayman Islands Insurance Business: To Void, or Not to Void, That Is the Question

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Since the introduction of the Insurance Act in 1979, the Cayman Islands has established itself as one of the largest, and most sophisticated, centres for international insurance business. As of the first quarter of 2023, the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 27, 2023

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Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more

Nilan Johnson Lewis PA

The Minnesota Slayer Statute and Life Insurance Lessons from the Twisted Plot of Bad Sisters

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Like many television shows that involve some kind of legal issue, the Apple TV+ dramedy, Bad Sisters, has a plot point that is inconsistent with most U.S. state laws. The show revolves around the death of John Paul “JP”...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - August 2022

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This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation...more

Rumberger | Kirk

McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

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In 2012, the California Legisla­ture enacted changes to the California Insurance Code that provide protections intended to shield consumers from los­ing life insurance coverage due to late or missed insurance premium...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2021 Arkansas Insurance Legislation Summary: Act 925 Prohibits Life Insurance/Annuity Beneficiary Change through Will

In a surprising move, the Arkansas General Assembly overrode long-standing Arkansas common law that permits an insured to change a beneficiary of an insurance policy via will. On April 26, 2021, Governor Asa Hutchison signed...more

Rosenberg Martin Greenberg LLP

Maryland Court of Appeals: Change of Beneficiary of Insurance Policy Is “Conveyance” Under Uniform Fraudulent Conveyance Act

In a March 9, 2021 opinion, the Maryland Court of Appeals signaled the end of what it termed “an elaborate web of procedural history” by answering two questions certified to it by the United States District Court for the...more

Gerald Nowotny - Law Office of Gerald R....

THE WONDER YEARS WEBINAR

Loan Regime Method of Split Dollar Life Insurance - This webinar covers: What is Split Dollar? Loan Method versus Economic Benefit. Leverage Split Dollar Rollout. Planning examples using Split Dollar....more

McDermott Will & Emery

Tyll v. Stanley Black & Decker: When Plan Ambiguity Cost an Employer $4 Million

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An employer learned the full cost of ambiguity when a Connecticut federal district court agreed with an employee’s widow that the word “maximum” was ambiguous in the company’s life insurance plan, thus making the widow...more

Dickinson Wright

Sixth Circuit Allows Both Punitive Damages and Bad Faith Damages Against Insurance Company on Bad Faith Refusal to Pay

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Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat’l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018), ruled that a plaintiff may recover both bad faith damages and punitive damages...more

Chambliss, Bahner & Stophel, P.C.

IRS Issues Long-Term Care Premium Deductibility Limits for 2019

The Internal Revenue Service (IRS) is increasing the amount taxpayers can deduct from their 2019 income as a result of buying long-term care insurance. Premiums for "qualified" long-term care insurance policies (see...more

Hogan Lovells

South Africa: What’s yours is mine and what’s mine is mine

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In Naidoo v Discovery Life Limited & others (202/20170) ZASCA 88 (31 May 2018) the Supreme Court of Appeal was faced with the main task of determining whether a risk-only policy with a beneficiary clause constitutes an asset...more

Downey Brand LLP

Don’t Let Time Run Out on Updating Your Life Insurance Beneficiaries

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Your ex-spouse may take under your life insurance policy if you do not change your beneficiaries and there’s nothing a California probate court can do about it.  So ruled the Court of Appeal last month in Estate of Post...more

Haight Brown & Bonesteel LLP

Statute Requiring Automatic Revocation of Ex-Spouse’s Primary Beneficiary Designation In Life Insurance Policy Does Not Violate...

In Sveen v. Melin (No. 16-1432, filed June 11, 2018) (“Sveen”), the United States Supreme Court held that a statute which automatically revoked life insurance beneficiary designations following the policyholder’s divorce did...more

Steptoe & Johnson PLLC

Highest Court Affirms Insurance Company’s Interpleader

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On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At...more

Carlton Fields

NY DFS Issues Circular Letter Addressing Life Insurance Unfair Claims Settlement Practices During the Contestability Period

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On January 26 – in its first-issued circular letter of the year – the New York Department of Financial Services (DFS) reminded life insurers doing business in the state that they can only contest claims following the death of...more

Orrick, Herrington & Sutcliffe LLP

Seventh Circuit Holds that Insurers Cannot Challenge Policies for Lack of Insurable Interest

On October 12, 2016, the United States Court of Appeals for the Seventh Circuit, in an opinion authored by Judge Richard Posner, affirmed a district court decision finding that securities intermediary U.S. Bank, N.A. is...more

Stinson LLP

Is the Irrevocable Trust Really Irrevocable?

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I often meet with clients who have established an irrevocable trust or are beneficiaries of an irrevocable trust established by a deceased family member. Usually, these clients believe that the terms governing these trusts...more

Carlton Fields

Divorce and Beneficiary Designations—Florida Law Changes

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Introduction - This article discusses a significant change in Florida law regarding the effect of dissolution or annulment of marriage on designations of one former spouse as beneficiary upon death of the insured other...more

Eversheds Sutherland (US) LLP

Legal Alert: Constitutional Challenge to Kentucky's Death Master File Statute Rejected

A Kentucky state trial court has rejected a challenge to a state statute requiring life insurers to search the Social Security Administration Death Master File (DMF) and attempt to locate potential beneficiaries, holding that...more

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