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Read Finance & Banking Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Carlton Fields

UK High Court Declines to Sanction Transfer of Annuity Portfolio

by Carlton Fields on

The High Court of Justice Business and Property Courts of England & Wales refused to sanction a scheme proposed by Prudential Assurance Co. and Rothesay Life PLC to transfer approximately 370,000 annuity policies from...more

Jones Day

Delaware Court Rules Appraisal Action Is A Covered “Securities Claim” Under D&O Policy - The Delaware Superior Court's Solera...

by Jones Day on

In a significant ruling for policyholders on an issue of first impression, on July 31, 2019, the Delaware Superior Court determined that shareholder appraisal actions constitute a covered "Securities Claim," as that term is...more

Field Law

Defence + Indemnity - August 2019: Case Summary: SWAT Consulting Ltd v Canadian Western Bank

by Field Law on

An insurer is not required to pay a third party contractor after having previously paid their insured. The third party contractor’s claim against an insurer for environmental clean-up costs owed to the contractor by the...more

Carlton Fields

Illinois Supreme Court Nails Down Status in Big Market: Indexed Annuities Are Not Securities

by Carlton Fields on

In Van Dyke v. White, the Illinois Supreme Court has held that fixed indexed annuities are not securities under Illinois law....more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

by Carlton Fields on

May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Carlton Fields

Class Certification Denied in Universal Life “Risk Rates” Litigation

by Carlton Fields on

Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....more

Patterson Belknap Webb & Tyler LLP

Fifth Circuit Considers Nonconsensual Third-Party Releases Outside of Bankruptcy

We’ve focused a lot on third-party releases lately, as bankruptcy courts across the country continue to evaluate whether and under what circumstances they are permissible. But, as a recent opinion of the United States Court...more

Winstead PC

Fifth Circuit Overturns Receiver’s Settlement Barring Third-Party Claims Against Stanford Financial Insurers

by Winstead PC on

The Fifth Circuit overturned a U.S. District Court’s approval of a settlement between Ralph Janvey, the Receiver for Stanford International Bank, and various insurance company Underwriters, under which the Underwriters had...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 24, 2019

by Carlton Fields on

Real Property Update - Attorneys' Fees / Voluntary Dismissal: it is an exception to the general rule that when a plaintiff voluntarily dismisses an action the defendant is the prevailing party, when both parties...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 17, 2019

by Carlton Fields on

Real Property Update - Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 10, 2019

by Carlton Fields on

Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending May 3, 2019

by Carlton Fields on

Real Property Update - Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

by Carlton Fields on

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Carlton Fields

Individual Indexed Annuities Viewed as Installment Contracts for Statute-of-Limitations Purposes

by Carlton Fields on

In a recent decision by a New Jersey district court partially denying a motion to dismiss, the characterization of individual indexed annuities as installment contracts had a significant impact on the potential liability of...more

Weiner Brodsky Kider PC

1st Circuit: Bank’s Claim Under Maine’s Unfair Claims Settlement Practices Act Not Time-Barred

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the First Circuit affirmed the district court’s judgment dismissing a bank-trustee’s claims against a closing agent and title insurer for negligently misidentifying a parcel of land secured by a...more

Holland & Knight LLP

Tenth Circuit Upholds Great-West Stable Value Win in ERISA Case - Finds That Great-West Not a Fiduciary or Liable as a...

by Holland & Knight LLP on

• The U.S. Court of Appeals for the Tenth Circuit affirms a District Court's holding that Great-West Life & Annuity Insurance Co. was not a fiduciary with respect to its stable value fund, even though it announced the fund's...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 1, 2019

by Carlton Fields on

Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

by Carlton Fields on

Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

Weiner Brodsky Kider PC

10th Circuit: Title Insurer Did Not Have Duty to Defend or Indemnify Claim for Fraudulent Conveyance of Deed

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Tenth Circuit ruled in favor of a national title insurance company and found that the title insurer did not have a duty to defend nor a duty to indemnify a bank that collateralized two deeds...more

Allen Matkins

Insurance And The Suspended Corporation

by Allen Matkins on

Section 23301 of the California Revenue and Taxation Code provides for the suspension of corporate powers, rights and privileges of a domestic taxpayer if it does not pay its taxes. This means that a suspended corporation...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Affirms Dismissal of ERISA Claims Against Health Insurers

The Ninth Circuit agreed that the employer-members of Montana’s Chamber of Commerce failed to state a claim for breach of fiduciary duty under ERISA § 502(a)(2) and violations of ERISA’s prohibited transaction rules under...more

Weiner Brodsky Kider PC

Fraudulent Wiring Instructions Pit Large Law Firm Against Its Insurer

by Weiner Brodsky Kider PC on

A recent court decision in Canada involving an insurance coverage dispute between an international law firm and its insurance provider arose from an inadvertent wire transfer by a Vancouver-based law firm associate of $2.5...more

K&L Gates LLP

First Circuit Affirms Coverage for Investment Manager Under Business and Management Indemnity Policy

by K&L Gates LLP on

The First Circuit Court of Appeals recently upheld a decision establishing coverage for a lawsuit filed by pension funds investors against an investment manager for allegedly mismanaging and squandering the pension funds’...more

Carlton Fields

DC District Court Permits Vantage Commodities To File Amended Complaint And Denies Reinsurer Defendants’ Motion For Interlocutory...

by Carlton Fields on

The District Court for the District of Columbia issued an order denying a motion to reconsider its prior order allowing Vantage Commodities to file an amended complaint and denying the reinsurer defendants’ motion for...more

Patterson Belknap Webb & Tyler LLP

Due Process in Chapter 15: Industry-Dependent, Jurisdiction-Dependent, or Both?

In a recent cross-border insolvency case, Judge Glenn of the United States Bankruptcy Court for the Southern District of New York recognized an insurance company rehabilitation proceeding in Curaçao as a “foreign main...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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