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Life Insurance Insurance Litigation Policy Terms

Carlton Fields

Aerial Overview: Recent Developments in Life, Accident, and Long-Term Care Litigation

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In Meyer v. Massachusetts Mutual Life Insurance Co., the U.S. District Court for the District of Colorado entered summary judgment for an insurer after video evidence showed that the insured was not entitled to the benefits...more

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

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

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

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

Carlton Fields

Intentional Killing a Grave Mistake Under Slayer Statutes

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Recent decisions provide worthwhile guidance for insurers handling slayer claims. According to traditional inheritance law, a “slayer” is one who intentionally kills, or conspires to kill, feloniously or unjustifiably,...more

Carlton Fields

Class Certification Denied in Universal Life “Risk Rates” Litigation

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Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....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

Carlton Fields

STOLI Policies Void in New Jersey

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The New Jersey Supreme Court recently held stranger-originated life insurance (STOLI) policies void as against public policy. In Sun Life Assurance Co. of Canada v. Wells Fargo Bank, N.A., a $5 million policy was taken out on...more

Carlton Fields

Read Your Policy Carefully: UL Policy’s Plain Language Requires Dismissal of Putative Class Action Challenging Increased Premiums...

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The Southern District of Indiana recently dismissed a putative class action alleging that the defendant-insurer improperly inflated premiums and cost of insurance (COI) rates on universal life policies....more

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