News & Analysis as of

Cost of Insurance Rates Breach of Contract

Cozen O'Connor

Secondary Market Investor Files Interest Rate Class Action

Cozen O'Connor on

After years of pursuing life insurers with Cost of Insurance (COI) class actions, we are now seeing a new life insurance secondary market investor strategy — suing life insurers on a class action basis for not paying enough...more

Orrick, Herrington & Sutcliffe LLP

State Farm Ruling Opens Door for Conversion Claims Against Insurers Who Impose Unlawful Cost of Insurance Rate Increases

On August 19, 2019 a federal judge in the Northern District of California denied State Farm Life Insurance Company’s (State Farm) motion for summary judgment on Plaintiff Elizabeth A. Bally’s claims for conversion and breach...more

Carlton Fields

Read Your Policy Carefully: UL Policy’s Plain Language Requires Dismissal of Putative Class Action Challenging Increased Premiums...

Carlton Fields on

The Southern District of Indiana recently dismissed a putative class action alleging that the defendant-insurer improperly inflated premiums and cost of insurance (COI) rates on universal life policies....more

Carlton Fields

COI Litigation Update

Carlton Fields on

Life insurers that defend challenges to their exercises of discretion to adjust cost of insurance (COI) rates on universal life insurance policies continue to seek opportunities to narrow the scope of the claims through early...more

Carlton Fields

SDNY Ruling Narrows Claims in COI Suit

Carlton Fields on

In EFG Bank AG, Cayman Branch v. AXA and The Duffy 2004 LLC v. AXA, in a February 14 ruling, AXA Equitable Life Insurance Company earned a sweet victory on its motion for partial dismissal of the complaints in two...more

Carlton Fields

COI Litigation Review – Early Dismissals Remain Elusive in Rate Increase Actions

Carlton Fields on

Suits challenging insurers’ cost of insurance (COI) rate increases continue to generate much activity. In recent months, this activity has included transfers, consolidations, several actions that are inching closer to...more

Carlton Fields

Sticking Firmly to Contract Terms, Court Dismisses Premium and COI Overcharge Claims

Carlton Fields on

In July, in Hancock v. Americo Financial Life & Annuity Co., Americo achieved a total victory on its motion to dismiss a putative class action in the Eastern District of North Carolina that challenged its premium and COI...more

Orrick, Herrington & Sutcliffe LLP

The New Wave of Life Settlement Litigation: Attacks on Cost of Insurance Rate Increases

Starting in 2015 and continuing into 2016, a number of insurance carriers raised the cost of insurance ("COI") rates on universal life insurance policies, resulting in dramatic increases to the premiums required to keep the...more

Carlton Fields

Cost of Insurance Litigation Review

Carlton Fields on

As illustrated by the two examples here, recent decisions on preliminary motions seeking to dispose of or narrow the scope of claims challenging COI rate determinations suggest the industry may be enmeshed in litigation for...more

WilmerHale

Life and Annuity Series: Recent Cost-of-Insurance Decision

WilmerHale on

Plaintiffs lawyers have been challenging cost of insurance (COI) charges for years, with mixed success. The recent decision by the Indiana Court of Appeals, titled Lincoln National Ins. Co. v. Bezich, is the latest in this...more

Carlton Fields

Seventh Circuit: Profit-Related Considerations OK In Setting COI Rates

Carlton Fields on

In December, insurers battling challenges to their exercises of discretion in setting non-guaranteed elements in universal life policies received a boost when the Seventh Circuit, via companion opinions, affirmed the...more

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