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Retroactive Application Death Benefits

Carlton Fields

Life Insurer Defeats Bid to Apply Policy Lapse Statute Retroactively

Carlton Fields on

In Smith v. Jackson National Life Insurance Co., a beneficiary of a life insurance policy that lapsed prior to the death of the insured sued Jackson National for failing to provide sufficient notice of termination and...more

Carlton Fields

A Constitutional Challenge to Florida's New Unclaimed Property Act Amendments

Carlton Fields on

In April, Florida amended its Disposition of Unclaimed Property Act (“Act”) to require life insurers to perform Death Master File (DMF) searches for all policies issued since 1992. The amended Act also provides that a DMF...more

Haight Brown & Bonesteel LLP

Court Does Procedural/Substantive Two-Step in Lozano

On May 13, 2015, the Court of Appeal, Second Appellate District, opined in Cynthia Lozano v. WCAB (B258000) that a 2009 amendment to Labor Code section 3212.1 may be applied retroactively to an injurious exposure which...more

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