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Life Insurance Death Benefits

Husch Blackwell LLP

Unanimous Supreme Court Determines Company-Owned Life Insurance Increases Fair Market Value

Husch Blackwell LLP on

On June 6, 2024, the Supreme Court held 9-to-0 in Connelly v. United States that company-owned life insurance increases the company’s fair market value for estate tax purposes, and the company’s obligation to redeem a...more

Foster Swift Collins & Smith

Legal-Ease: Steps for When a Loved One Passes Away - Part Three

This is my third and final article addressing what needs to be done after a person passes away. Part 1 addressed what a person needs to do prior to the decedent’s funeral. Part 2 addressed those things that don’t typically...more

Carlton Fields

Litigation Lineup: Recent Decisions in Life and Disability Insurance Run into Policy Lapse, COVID-19, and Conflict of Interest...

Carlton Fields on

Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two...more

Burns & Levinson LLP

Client Advisory: Valuing Closely-Held Stock for Estate Tax Purposes | Connelly v. US

Burns & Levinson LLP on

The issue in Connelly v. US is whether, for estate tax purposes, the value of a closely-held corporation using corporate-owned life insurance to redeem the shares of a decedent shareholder increases the value of the company...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - October 2023

Saul Ewing LLP on

This month’s Friday Five explores recent decisions that range from the effect on disability benefits when medical records are not provided after two appeals, to a case that examines how an award of death benefits is...more

Cozen O'Connor

The Latest McHugh Battleground: Class Certification

Cozen O'Connor on

We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the...more

Carlton Fields

Circuit Courts Continue to Navigate ERISA’s Murky Waters

Carlton Fields on

The Sixth Circuit Court of Appeals ruled in Fulkerson v. Unum Life Insurance Company of America that the beneficiary of an ERISA-covered life insurance policy was not entitled to accidental death and dismemberment (AD&D)...more

Cozen O'Connor

What’s Happening in California After McHugh?

Cozen O'Connor on

On August 30, 2021, the California Supreme Court held in McHugh v. Protective Life Insurance Company, 12 Cal. 5th 213, 243, 494 P.3d 24, 43 (2021), that California Insurance Code sections 10113.71 and 10113.72 — ...more

Stinson - Benefits Notes Blog

Co-fiduciary Can’t Be Sued for Indemnification in 8th or 9th Circuits First Reliance Standard Life Ins. Co. v. Giorgio Armani...

Section 405 of the Employee Retirement Security Act of 1974 (ERISA) provides for joint liability for co-fiduciaries of a pension, health or welfare benefit plan. ...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - January 2022

Saul Ewing LLP on

This month’s Friday Five covers cases relating to: (1) whether a plaintiff may be entitled to AD&D benefits when their spouse died of an illegal drug overdose; (2) when a plaintiff can supplement the administrative record...more

Orrick, Herrington & Sutcliffe LLP

Delaware Supreme Court’s Long‐Awaited Decision May Raise More Questions Than It Answers

On November 16, 2021, the Supreme Court of Delaware issued an opinion in Lavastone Capital LLC v. Estate of Beverly E. Berland (“Berland”) answering three certified questions under Delaware law. All three questions...more

Jackson Lewis P.C.

Fifth Circuit ERISA Decision Denies Widow Paid-For Life Insurance Benefits

Jackson Lewis P.C. on

On October 19, 2021, the Fifth Circuit Court of Appeals denied a widow supplemental group life insurance benefits of $300,000 upon her husband’s death even though he had paid the premiums for the coverage for four years...more

Conn Kavanaugh

Lawsuits in the Aftermath of Rust

Conn Kavanaugh on

Anton Chekhov famously observed that any gun introduced to a story must be fired. And indeed Hollywood producers and directors have followed that rule without fail for about 100 years, recently with tragic consequences on the...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021: Sixth Circuit Upholds Denial of Accidental Death Benefits Under "Substantial Factor" Test

In Duncan v. Minnesota Life Ins. Co., 2021 U.S. App. LEXIS 4069 (6th Cir. Feb. 10, 2021), the Sixth Circuit held that an insurer properly denied accidental death benefits on the grounds that a patient's leukemia caused the...more

Freeman Law

Split-Dollar Life Insurance Arrangements and the Tax Code

Freeman Law on

A recent Tax Court decision in De Los Santos v. Commissioner illustrates the complexity of split-dollar life insurance arrangements. Taxpayers who participate in these or other types of life insurance arrangements should...more

Gerald Nowotny - Law Office of Gerald R....

THE WONDER YEARS WEBINAR

Loan Regime Method of Split Dollar Life Insurance - This webinar covers: What is Split Dollar? Loan Method versus Economic Benefit. Leverage Split Dollar Rollout. Planning examples using Split Dollar....more

Gerald Nowotny - Law Office of Gerald R....

THE WAY WE WERE

Nowotny On Death and Taxes, episode #20, The Way We Were is about using the Loan Method of Split Dollar to recreate the benefit of tax deferral for hedge fund managers. #splitdollar #ppli #hedgefundmanagers #estateplanning...more

Gerald Nowotny - Law Office of Gerald R....

Mad Dogs and Panameños!

Using the Leveraged Split Dollar Rollout (LSD™ Rollout) to Terminate Loan Regime Split Dollar™ Plans Leveraged Split Dollar - low interest rate loans, tax advantage build up of life insurance policy, and a great technique to...more

Gerald Nowotny - Law Office of Gerald R....

It's (Not) Too Late, Baby!

Late Start Split Dollar gives you the opportunity to convert any corporate owned or individual policy into a Split Dollar Arrangement. Converting Split Dollar into a Loan Regime Method of Split Dollar. This is an opportunity...more

Gerald Nowotny - Law Office of Gerald R....

It's (Not) Too Late, Baby!

Nowotny On Death and Taxes episode 15 titled It's (Not) Too Late, Baby!, speaks to using Late Start Split Dollar to create financial and tax leverage....more

Gerald Nowotny - Law Office of Gerald R....

FATHER KNOWS BEST

Rediscovering the Lost Glory of Split Dollar Using Loan Regime Split Dollar...more

Gerald Nowotny - Law Office of Gerald R....

FATHER KNOWS BEST

Rediscovering the Lost Glory of Split Dollar Using Loan Regime Split Dollar...more

Gerald Nowotny - Law Office of Gerald R....

THE WONDER YEARS - Rediscovering the Magic of Split Dollar Life Insurance

Split Dollar Life Insurance is a contractual arrangement between 2 or more parties sharing the benefits of a life insurance policy; namely the cash value and death benefit....more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Ninth Circuit Rules Coverage under ERISA Disability Plan Excluded Due to Underlying Medical Condition

In Estate of Maurice v. Life Ins. Co. of N. Am., 792 Fed. Appx. 499 (9th Cir. Cal. Feb. 5, 2020), the Ninth Circuit held that coverage was excluded under an ERISA-governed disability plan ("Plan"), because the evidence in the...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: First Circuit Holds Decision to Deny Accidental Death and Dismemberment Benefits Not an Abuse of Discretion

In Arruda v. Zurich Am. Ins. Co., 951 F.3d 12, 13 (1st Cir. 2020), the First Circuit held that a claims administrator's decision to deny accidental death and dismemberment benefits was not an abuse of discretion where...more

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