WilmerHale Partner Charles Platt, a leading commercial litigator who is recognized nationally for his work defending financial services and insurance companies, periodically drafts legal news alerts for clients about the life...more
3/29/2016
/ Annuities ,
Captive Insurance Company ,
Class Action ,
COI Rates ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Insurance Industry ,
Investment Company Act of 1940 ,
Life Insurance ,
Proposed Regulation ,
Reinsurance ,
Retirement Plan Providers
The 8th Circuit's recent decision on "excessive fees" under ERISA, titled McCaffree v. Principal Life, is instructive for three reasons: -
First, it adds to the line of circuit court precedents holding that an insurance...more
The class action complaint titled Bell v. Anthem, Inc., et al. (S.D. Indiana) raises a number of novel ERISA allegations that could be a preview of the future, especially if the DOL fiduciary rule is adopted this...more
1/5/2016
/ 401k ,
Anthem Insurance ,
Breach of Duty ,
Class Action ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Insurance Industry ,
Retirement Plan ,
Retirement Plan Providers
Below is an update on the "excessive fee" cases under section 36(b) of the Investment Company Act of 1940.
Most of these complaints are now proceeding on the "sub-adviser" theory: that annuity contract-holders pay...more
9/8/2015
/ Affiliates ,
Annuities ,
AXA Equitable Life ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Excessive Fees ,
Hartford Life and Accident Insurance Company ,
Insurance Industry ,
Investment Adviser ,
Investment Company Act of 1940 ,
Retirement Plan ,
State Farm
The August 2015 decision from the 9th Circuit, titled Eller v. Equitrust Life Ins. Co, provides helpful precedent for the defense of annuity sales practice cases.
Plaintiff Eller brought a RICO class action alleging,...more