News & Analysis as of

Captive Insurance Company Class Action

FordHarrison

Home Care Agencies Sued for Illegal Use of Captive Insurance Company

FordHarrison on

Class action attorneys recently filed a first-of-its-kind class action against Edison Home Health Care (“Edison”) and Preferred Home Care of New York (“Preferred”) alleging that the home care agencies used a “captive”...more

Carlton Fields

Eastern District Of Pennsylvania Holds That Plaintiffs Forfeited American Pipe Tolling By Filing Their Lawsuit Too Soon

Carlton Fields on

A federal district court has dismissed with prejudice a Real Estate Settlement Procedures Act (RESPA) class action filed against JPMorgan Chase Bank N.A. and related entities on statute of limitations grounds a year after...more

Carlton Fields

Court Tosses Time-Barred Rico Claims Alleging Captive Reinsurance Kickback Scheme

Carlton Fields on

Plaintiffs asserted class claims for RICO violations based on allegations that Bank of America referred borrowers to private mortgage insurance providers in exchange for kickbacks, funneled through a captive reinsurance...more

WilmerHale

Life and Annuity Series: Cost-of-Insurance Charge Litigation

WilmerHale on

Plaintiffs' lawyers have been challenging cost-of-insurance (COI) charges for years, with mixed results. The following outline reviews the most recent flurry of cases. ...more

WilmerHale

Life and Annuity Series: Significant Litigation Risks

WilmerHale on

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

WilmerHale

Life and Annuity Series: Captive Reinsurance/Cost-of-Insurance Complaint

WilmerHale on

The complaint against Banner Life combines the "captive reinsurance" class action claims brought last year with the cost-of-insurance (COI) class action claims that are now popping up. Instead of standing on their own,...more

WilmerHale

Life and Annuity Series: Captive Reinsurance Class Actions

WilmerHale on

There have been several new class actions filed recently challenging “shadow insurance” transactions between life insurance companies and their “captive reinsurers.” Three of those class actions are in federal court in New...more

Carlton Fields

Phantom Injury Dooms “Shadow Insurance” Case

Carlton Fields on

A recent federal district court decision dismissing a putative class action complaint against AXA Equitable Life Insurance Company may portend trouble for plaintiffs pursuing a number of similar so-called "shadow insurance"...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending August 21 & 28 , 2015

Carlton Fields on

Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more

Carlton Fields

Statutory Accounting Fraud Under RICO

Carlton Fields on

Echoing New York’s regulatory criticism concerning the use of captive reinsurers and similar allegations in recent class actions filed against several New York life insurers, an annuity contract owner has filed a putative...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest - Volume X, Issue 18

In this issue: - SEC Proposes Rules for Security-based Swap Activity of Non-US Persons in the United States - FINRA Proposes Exemption From the TAF for Proprietary Trading Firms - SEC Approves Pilot to...more

Carlton Fields

RESPA Class Action Alleging “Captive Reinsurance Scheme” Allowed To Proceed

Carlton Fields on

A Pennsylvania federal court recently denied a motion to dismiss a putative class action lawsuit in which homeowners claim violations of the Real Estate Settlement Procedures Act of 1974 based on an alleged “captive...more

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