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National Association of Insurance Commissioners amends Actuarial Guideline XXXVIII

USA - November 2 2012 On September 12, 2012, the National Association of Insurance Commissioners (NAIC) amended Actuarial Guideline XXXVIII (AG 38), as proposed by a Joint Working Group of the Life Insurance and Annuities (A) and the Financial Condition (E) Committees.

Steven Kass

Eleventh Circuit affirms denial of ALF coverage under home care only policy

USA - August 27 2012 Rejecting an invitation by appellant-plaintiff to disregard express policy language, the Eleventh Circuit Court of Appeals denied an appeal by an insured seeking home health care benefits for services received in an assisted living facility (ALF).

Jason Kairalla

Long-term care insurance: litigation updates

USA - June 4 2012 Older long-term care insurance policy forms are coming under increasing attack by plaintiffs seeking to bootstrap statutory and regulatory requirements enacted after the policies were originally issued.

Jason Kairalla

Order withdrawing approval of class settlement not appealable

USA - May 17 2011 In McClendon v. City of Albuquerque, the Tenth Circuit Court of Appeals held that a district court’s order withdrawing approval of class action settlements is not a final, appealable order under 28 U.S.C. § 1291 and is not appealable under the collateral order doctrine.

Failure to demonstrate “materiality” sinks TILA rescission claim

USA - March 30 2011 In Bonte v US Bank, the Seventh Circuit Court of Appeals affirmed dismissal of TILA claims for mortgage rescission because the plaintiffs failed to demonstrate how the allegedly misstated charges constituted "material" disclosures.