First Republic Executives Fail in Attempt to Recover Nonqualified Deferred Compensation Plan Assets
Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more
I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any...more
A Georgia federal district court recently rendered a declaratory judgment in action filed on October 3, 2017, by Jackson National Life Insurance Company (“Jackson”) against Sterling Crum (“Crum”), the transferee and secondary...more
RSL Funding LLC’s brazen attempt to obtain an improper advisory opinion expanding the rights it acquired in past transfer petition matters and those that may be acquired in hypothetical future transfers has been summarily...more
Lincoln Benefit Life Company v. Wilmington Trust N.A., C.A. N18C-01-082 EMD CCLD (July 31, 2018) - This decision has an extensive discussion of when a Delaware court will stay a matter in favor of litigation in another...more
In March, the Ninth Circuit provided clarity on a key and recurring issue relevant to a district court’s ability to exercise subject matter jurisdiction in actions involving the validity of life insurance policies. ...more
In Sun Life Assur. Co. of Canada v. U.S. Bank Nat. Ass’n, the Eleventh Circuit recently clarified that where a life insurance policy lacks an insurable interest at its inception and is thus void ab initio, prejudgment...more
In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life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
March 13, 2015 – This morning the United States Court of Appeals for the Eighth Circuit handed down a game-changing ruling with major implications for the life settlements industry. The Eighth Circuit’s decision in PHL...more
1. The Claim - An insurer may use the alleged misrepresentations and/or omissions of an insured in the life, health and disability insurance application process in two ways: (i) affirmatively, by seeking rescission of...more