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Retroactive Application Policy Terms

Butler Weihmuller Katz Craig LLP

Third District Court Of Appeal Joins Debate Over Retroactive Application Of Florida Statute 627.70152’S Presuit Notice Provision

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District...more

Robins Kaplan LLP

Proposed COVID-19 Legislation Thrusts Contract Clause’s Original Purpose Into Spotlight

Robins Kaplan LLP on

Until fairly recently, the U.S. Constitution’s Contract Clause had fallen into relative obscurity.  Proposed legislation concerning insurance coverage for the COVID-19 pandemic figures to place this provision of the U.S....more

Carlton Fields

Louisiana, Pennsylvania, and South Carolina Join in Introducing Legislation That Would Force Insurers to Retroactively Cover...

Carlton Fields on

An increasing number of state legislatures have recently introduced measures that would require the insurance industry to bear much of the burden of business interruption and other losses due to the economic downturn brought...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

Life Insurer Defeats Bid to Apply Policy Lapse Statute Retroactively

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In Smith v. Jackson National Life Insurance Co., a beneficiary of a life insurance policy that lapsed prior to the death of the insured sued Jackson National for failing to provide sufficient notice of termination and...more

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