In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more
5/1/2025
/ Appeals ,
Breach of Contract ,
Class Action ,
Denial of Insurance Coverage ,
Genetic Materials ,
Insurance Claims ,
Insurance Litigation ,
Life Insurance ,
Long-Term Care ,
Misrepresentation ,
Policy Terms ,
Putative Class Actions ,
State Privacy Laws
In a split decision, the Tenth Circuit Court of Appeals recently affirmed summary judgment in PHT Holding I LLC v. Security Life of Denver Insurance Co., rejecting the plaintiff’s claim that the defendant-insurer breached the...more
In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary...more
1/22/2024
/ Annuities ,
Appellate Courts ,
Appellate Rules ,
Beneficiaries ,
Breach of Contract ,
Disability Insurance ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Insurer Liability ,
Life Insurance ,
Litigation Strategies ,
Summary Judgment
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
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