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Policy Terms Insurance Industry Life Insurance

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

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

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

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

Faegre Drinker Biddle & Reath LLP

“A Slice” of the 2019 ILTCI Conference

Drinker Biddle is pleased to present you with this recap—or “a slice” of the 2019 ILTCI Conference, Chicago, Illinois. Year after year, the ILTCI Conference is jam-packed with opportunities to reconnect with and learn from...more

Carlton Fields

Even Disclaiming ‘Magic Words’ Won’t Save Plaintiffs from SLUSA Preclusion

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In 2016, a putative class action lawsuit was filed in California state court on behalf of all persons over the age of 60 who were issued a variable annuity policy by defendants within the state....more

Carlton Fields

Illinois Federal Court Rejects Twin Suits Challenging Dividend Payment Practices

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Challenges to mutual life insurers’ discretion in setting dividend scales date back over 100 years. Earlier this year, in Anderson v. Country Life Insurance Company and Ochoa v. State Farm Life Insurance Company, a federal...more

Carlton Fields

Denial of Reinstatement of Lapsed Life Insurance Policy Affirmed Due to Failure to Satisfy Required Underwriting Standard

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In European Pensions Management Limited v. Columbus Life Insurance Co., a pension benefit plan that had purchased a life insurance policy on the secondary market and then permitted it to lapse for non-payment of premiums sued...more

Carlton Fields

Summary Judgment Win for Insurer in “Stable Value” Interest Rate Setting Case

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In July, MetLife obtained a win in the Northern District of Illinois when the court granted summary judgment in its favor on a claim that it had breached the duty of good faith and fair dealing in setting interest rates for a...more

Carlton Fields

The Ninth Circuit Finds California’s Illustration Statutes Can Serve as the Predicate for UCL Liability

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On March 3, the Ninth Circuit in Walker v. Life Ins. Co. of the SW, ruled that an alleged violation of California’s life insurance illustration statutes could serve as a predicate for liability under the California Unfair...more

Carlton Fields

NY DFS Proposes New Regulation for Life and Annuity Non-Guaranteed Elements

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On November 17, the New York Department of Financial Services (DFS) issued a press release announcing its proposal of new Insurance Regulation 210 - Life Insurance and Annuity Non-Guaranteed Elements. Non-guaranteed elements...more

Orrick, Herrington & Sutcliffe LLP

Seventh Circuit Holds that Insurers Cannot Challenge Policies for Lack of Insurable Interest

On October 12, 2016, the United States Court of Appeals for the Seventh Circuit, in an opinion authored by Judge Richard Posner, affirmed a district court decision finding that securities intermediary U.S. Bank, N.A. is...more

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