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Choice-of-Law Life Insurance

Carlton Fields

ERISA Disability Plan Insurers Score Important Circuit Court Victories

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In recent months, circuit courts across the country have supported insurers’ discretion to deny long-term disability benefits (LTD) under ERISA. Since the beginning of the year, disability plan insurers have prevailed in the...more

Carlton Fields

Class Certification Denied in Universal Life “Risk Rates” Litigation

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Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – May 2019

Saul Ewing LLP on

This month's Friday Five covers cases addressing what constitutes a self-inflicted injury under an AD&D policy, the intersection of choice of law provisions and preemption, a cautionary decision about subjective pain cases,...more

Carlton Fields

Second Circuit Affirms Summary Judgment for Bona Fide Purchaser in STOLI Action

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In a June 8, ruling in AEI Life v. Lincoln Benefit Life Co., the Second Circuit upheld the District Court for the Eastern District of New York’s application of New York’s two-year incontestability period to a STOLI policy....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Finds That Discretionary Clauses in Health Insurance Policies Are Enforceable

In 2011, the California legislature passed Insurance Code Section 10110.6 which bans the use of discretionary clauses in any policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not...more

Carlton Fields

New York Law Governs STOLI Dispute In Texas

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A Texas appellate court’s choice of law determination proved pivotal where a life insurer contested its duty to pay proceeds on the grounds that the policy was fraudulently acquired as part of a stranger-oriented life...more

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