Julius A. Rousseau, III

Arent Fox LLP

Articles

Results 1 to 5 of 16


Ninth Circuit Reaffirms Excess Insurers' Duties In Settlement Situations

USA - April 3 2017 A recent decision from the Ninth Circuit Court of Appeals reaffirms that policyholders have leverage to convince excess insurance carriers that they…

Eric A. Biderman, Andrew Dykens, Elliott M. Kroll, James M. Westerlind

Florida Supreme Court Rules that Incontestability Applies to Claims of Lack of Insurable Interest

USA - September 29 2016 On September 22, 2016, in a very straight forward opinion issued in response to a certified questions posed by the Eleventh Circuit Court of Appeals…

Eric A. Biderman, Andrew Dykens, Elliott M. Kroll, James M. Westerlind

Brasner III: carriers may have to return premium in Florida

USA - July 27 2012 In Pruco Life Ins. Co. v. Brasner, No. 10-cv-80804, slip op. (S.D. Fla. Jul. 25, 2012) (Brasner III), the US District Court for the Southern District of Florida granted defendant Wells Fargo Bank, N.A.’s (Wells Fargo) post-trial motion for reconsideration, holding that, based on newly discovered evidence, it was entitled to a trial on the issue of whether the plaintiff, Pruco Life Insurance Company (Pruco), should be required to return premiums paid by Wells Fargo for the subject policy after Wells Fargo had acquired the policy in the secondary market.

Eric A. Biderman, Michael S. Cryan, Elliott M. Kroll, James M. Westerlind

$5 million STOLI verdict in Florida: jury finds Life Insurance Co. does not meet “intent” standard

USA - March 5 2012 A huge victory this past Friday (March 2) against The Lincoln National Life Insurance Company in the first case to be tried in Florida under the new standard that two federal courts in the state have set for cases involving challenges to insurable interest by carriers.

James M. Westerlind

New York Court of Appeals affirms ‘follow the settlements’ doctrine but requires allocations to be ‘objectively reasonable’

USA - February 22 2013 In U.S. Fid. & Guar. Co. v. American Re-Ins. Co., 2013 WL 451666, 2013 N.Y. Slip Op. 00784 (N.Y. Feb. 7, 2013), the New York Court of Appeals…

Eric A. Biderman, Peter G. Mancuso, Michael S. Cryan, Elliott M. Kroll, James M. Westerlind