News & Analysis as of

Declaratory Judgments Life Insurance

Cozen O'Connor

Claims Notes: September 2024

Cozen O'Connor on

Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

Fox Rothschild LLP

Is the Prenuptial Agreement Signed After The Wedding Really A Prenuptial Agreement?

Fox Rothschild LLP on

I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any...more

Locke Lord LLP

Jackson National Life Insurance Company vs. Sterling Crum

Locke Lord LLP on

A Georgia federal district court recently rendered a declaratory judgment in action filed on October 3, 2017, by Jackson National Life Insurance Company (“Jackson”) against Sterling Crum (“Crum”), the transferee and secondary...more

Cozen O'Connor

Texas Court Dismisses Factoring Company’s Broad Declaratory Judgment Claims Against Annuity Owner and Issuer

Cozen O'Connor on

RSL Funding LLC’s brazen attempt to obtain an improper advisory opinion expanding the rights it acquired in past transfer petition matters and those that may be acquired in hypothetical future transfers has been summarily...more

Morris James LLP

Delaware Superior Court Applies The McWane Doctrine

Morris James LLP on

Lincoln Benefit Life Company v. Wilmington Trust N.A., C.A. N18C-01-082 EMD CCLD (July 31, 2018) - This decision has an extensive discussion of when a Delaware court will stay a matter in favor of litigation in another...more

Carlton Fields

Ninth Circuit: Face Amount Controls Amount-in-Controversy Questions Where Policy’s Validity is Disputed

Carlton Fields on

In March, the Ninth Circuit provided clarity on a key and recurring issue relevant to a district court’s ability to exercise subject matter jurisdiction in actions involving the validity of life insurance policies. ...more

Carlton Fields

Eleventh Circuit Affirms Summary Judgment or Insurer in STOLI Case

Carlton Fields on

In Sun Life Assur. Co. of Canada v. U.S. Bank Nat. Ass’n, the Eleventh Circuit recently clarified that where a life insurance policy lacks an insurable interest at its inception and is thus void ab initio, prejudgment...more

Cole Schotz

Court Warns That Marriage Does Not Render A Spouse Automatically Entitled To Preexisting Life Insurance Policies

Cole Schotz on

In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln...more

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit Issues Landmark Insurable Interest Ruling

March 13, 2015 – This morning the United States Court of Appeals for the Eighth Circuit handed down a game-changing ruling with major implications for the life settlements industry. The Eighth Circuit’s decision in PHL...more

Maynard Nexsen

Misrepresentation Law and Insurance Coverage In South Carolina

Maynard Nexsen on

1. The Claim - An insurer may use the alleged misrepresentations and/or omissions of an insured in the life, health and disability insurance application process in two ways: (i) affirmatively, by seeking rescission of...more

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