News & Analysis as of

Life Insurance Policy Terms

Miller Nash LLP

The Initial Impact of Moody? More Confusion.

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Until recently, Oregon courts did not allow policyholders to bring claims against their insurers under Oregon’s Unfair Claims Settlement Practices Act and only allowed tort-based “bad faith” claims in narrow circumstances....more

Cozen O'Connor

Claims Notes: September 2024

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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

Alston & Bird

Insurance Insights for the Dog Days of August

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Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2024

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This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the...more

Console and Associates, P.C.

What to Do if You Receive a Cost of Insurance (COI) Rate Increase Letter

Life insurance is a very important part of many people’s long-term plans because it provides a way for families to ensure the financial well-being of their loved ones after they’re gone. However, life insurance is a highly...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2023

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The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 27, 2023

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Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident-A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the...more

Hogan Lovells

Italian insurance supervisory authority outlines future regulatory actions

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In two recent official events the chairman of IVASS, the Italian insurance supervisory authority, has identified the main lines of future regulatory actions deemed necessary to address the current regulatory deficiencies and...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - March 2023

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This month's Friday Five covers cases relating to issue preclusion, coverage where the policy terms are inconsistent with the parties’ behavior, application of the abuse of discretion standard of review, applicability of a...more

Carlton Fields

Suicide-By-Cop Precludes Death Benefits

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The Eleventh Circuit Court of Appeals recently ruled in North American Company for Life and Health Insurance v. Caldwell that the beneficiaries of two life insurance policies were not entitled to the policies’ death benefits...more

Faegre Drinker Biddle & Reath LLP

Age Adjustment Not a “Contest”

In Nicolaou v. United of Omaha Life Insurance Co., No. 3:22-CV-202 (JAM), 2023 WL 130540 (D. Conn. Jan. 9, 2023), the District of Connecticut confirmed that a life insurance policy’s contestable provision and the age...more

Faegre Drinker Biddle & Reath LLP

Change of Beneficiary Forms Submitted and Processed in Good Order Do Not Provide Grounds for Imposing Liability on the Issuing...

The death of a loved one brings stress, despair and grief. It also often precipitates disagreements regarding the intended beneficiary of an annuity, life insurance policy or other account of the decedent. The financial...more

Cozen O'Connor

What’s Happening in California After McHugh?

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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

Robinson+Cole ERISA Claim Defense Blog

U.S. Supreme Court Denies Review Of Significant Second Circuit Ruling On The Scope Of California’s Anti-Discretion Statute And The...

The U.S. Supreme Court recently declined to review a significant decision of the Second Circuit which (1) clarified the scope of California’s statutory ban on discretionary clauses in life and disability insurance contracts,...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

Carlton Fields

COVID-19 Class Actions Update

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In the early days of the COVID-19 pandemic, dozens of class action lawsuits were filed across a variety of industries in the United States – with theories of liability ranging from hand sanitizer false-labeling allegations,...more

Carlton Fields

Third and Eleventh Circuits Show No “Lapse” in Judgment

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In the first half of 2020, two decisions were issued by federal appellate courts related to the lapse of life insurance policies. Both decisions affirmed the insurer’s position and rejected challenges to the determination of...more

Latham & Watkins LLP

Klagewelle bei Lebensversicherungen – EuGH grenzt das „ewige“ Widerspruchsrecht ein

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Aktuell beschäftigen neben den „Dieselklagen“ auch tausende von lebensversicherungsrechtlichen „Widerspruchsfällen“ die deutschen Gerichte. Auslöser dieser Klagewelle war eine EuGH-Entscheidung aus dem Jahr 2013, in der die...more

Carlton Fields

New Jersey Springs Into Action: New Bill to Ban STOLI Policies

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We previously reported in detail on New Jersey’s recent case law addressing the validity of stranger-originated life insurance (STOLI) policies in the June 2019 and December 2019 issues of Expect Focus – Life, Annuity, and...more

Carlton Fields

Policy Lapse Notice Claims on the Rise in California

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Two companion amendments to the California insurance law have received increased attention from the plaintiffs’ bar recently. On January 1, 2013, sections 10113.71 and 10113.72 were enacted to amend the California Insurance...more

Orrick, Herrington & Sutcliffe LLP

Northern District of Illinois Voids Policy Issued Pursuant to Nonrecourse Premium Financing Program but Allows for Return of...

On March 30, 2020, in a case captioned Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A., Judge Philip Reinhard of the United States District Court for the Northern District of Illinois issued a decision...more

Carlton Fields

No Saving Grace for Policyholders

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In McHugh v. Protective Life Insurance, the California Court of Appeal held that a statute requiring 60-day grace periods for term life insurance policies did not apply retroactively. ...more

Carlton Fields

Not So Fast: Court Upholds Denial of Request for Accelerated Life Insurance Payment

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The Ninth Circuit recently affirmed a summary judgment ruling in favor of Minnesota Life Insurance Co. on all claims stemming from its denial of an accelerated life insurance payment. ...more

Carlton Fields

Second Circuit Opens Door to Lawsuits Based on Contract Violating 1940 Act

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The Second Circuit has decided that Section 47(b) of the Investment Company Act of 1940 provides a private right of action for rescission of a contract that violates any provision of the 1940 Act or any rule or order...more

Carlton Fields

The Risk and Reward of Life Insurance

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No Recovery for Paying Premiums in Excess of Policy Face Amount - Since we last reported on Goostree v. Liberty National Life Insurance Co. in the October 2019 issue of Expect Focus — Life, Annuity, and Retirement Solutions,...more

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