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Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling...more

Expect Focus - Volume I, January 2023

More than 25 years have elapsed since the SEC adopted Exchange Act Rule 17a-4(f) governing electronic recordkeeping by broker-dealers. In an effort to update the rule to reflect “technology neutral” concepts, the SEC adopted...more

Must ERISA Actuarial Equivalence Be “Reasonable”?

The U.S. District Court for the District of Massachusetts recently diverged from other decisions interpreting the term “actuarial equivalent” in an Employee Retirement Income Security Act (ERISA) class action, finding that...more

Universal Life Policyowner Not Entitled to Pro Rata Premium Refund Following Insured’s Death

Insured’s annual planned premium did not implicate New York statute requiring refund of premium “actually paid for any period” beyond an insured’s death....more

New Hampshire Supreme Court Invalidates Long-Term Care Rate Caps

The New Hampshire Supreme Court recently determined that regulations limiting premium rate increases for long-term care insurance policies exceeded the state insurance commissioner’s rulemaking authority and were therefore...more

Clarity on Application of California Usury Law: Insurers Not Subject to Compound Interest Limitations

The California Supreme Court recently handed Northwestern Mutual Life Insurance Co. a decisive victory in a putative class action challenging the insurer’s assessment of compound interest on policy loans, holding that...more

Court Sheds Light on ERISA’s Fiduciary Exception to Attorney-Client Privilege

A federal district court in Ohio recently attempted to shed some light on when internal communications between an ERISA plan administrator and its in-house counsel are discoverable and when they are protected by the...more

Defendants Fend Off Challenge to FIA’s Proprietary Index

The End or the Beginning for Suits Over Disappointed Index Interest Expectations? Security Benefit Life Insurance Co. and Guggenheim Partners recently secured an important victory in a class action challenging a fixed...more

Circuit Court Rules Insurance Agents Are Not “Employees” Under ERISA

The identity crisis appears to be over for one insurer using independent contractors. In Jammal v. American Family Insurance Co., the Sixth Circuit reversed the district court and held that a putative class of insurance...more

Class Certification Denied in Suitability Class Action

The Southern District of New York recently declined to certify a class in a suit relating to investments in certain closed-end mutual funds, holding that individual questions overwhelmed the class-wide questions in...more

Expect Focus - Volume I, March 2018

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. ...more

Plaintiffs’ Notice That the ‘Taxman Cometh’ Was Sufficient to Trigger Statute of Limitations

In a November 16, 2017 ruling, a California appellate court affirmed a summary judgment ruling in favor of several financial advisors, and insurer American General Life Insurance Company, holding that plaintiffs’ fraud and...more

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