Court Emphasizes Disclosure Substance Over Form -
A recent decision in Nofsinger v. Jackson National Life Insurance Co. shut down a putative class action in which the plaintiff alleged she surrendered her annuity contract...more
Allegations of misconduct by agents and brokers are a consistent feature of lawsuits aimed at insurance companies. Several recent court decisions illustrate the types of claims insurers have faced and which defense strategies...more
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
2/10/2020
/ Accelerated Payments ,
Bad Faith ,
Breach of Contract ,
Consumer Protection Laws ,
Death Benefits ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Life Insurance ,
Policy Terms ,
Summary Judgment
McClendon v. North Carolina Mutual Life Insurance Co. (M.D. Tenn. 2019) -
In McClendon, the plaintiff’s mother purchased a whole life insurance policy to insure the plaintiff’s brother, and subsequently took out a loan on...more
10/14/2019
/ Breach of Contract ,
Class Action ,
Consumer Insurance Products ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Implied Covenants ,
Insurance Litigation ,
Interest Rates ,
Life Insurance ,
Loans ,
Low-Income Issues ,
Negligence ,
Unfair or Deceptive Trade Practices
In a recent decision by a New Jersey district court partially denying a motion to dismiss, the characterization of individual indexed annuities as installment contracts had a significant impact on the potential liability of...more
A recent decision by a federal district court in Maryland further illustrates the elusive nature of early dismissal of claims in far-reaching suits challenging the cost of insurance rate increases – even when some success is...more
Life insurers that defend challenges to their exercises of discretion to adjust cost of insurance (COI) rates on universal life insurance policies continue to seek opportunities to narrow the scope of the claims through early...more