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11 results found

Article

Drinker Biddle & Reath LLP | USA | 20 Mar 2018

The Lapse Trial: When Being Right May Not Be Enough

Even in the best of circumstances, lapse trials are challenging for a life insurer. Several years ago, as I was preparing for a jury trial involving a

Article

Drinker Biddle & Reath LLP | USA | 16 Aug 2017

Defending Lapse Cases

In recent months, courts have granted summary judgment in favor of insurers in disputes concerning lapsed life insurance policies. See, e.g., Cohen v

Article

Drinker Biddle & Reath LLP | USA | 11 Jul 2017

Sane or Insane? Confronting Allegations That the Decedent-Insured Lacked Suicidal Intent

When an insured dies by suicide, a life insurance policy's suicide clause may operate to exclude coverage. The specific language of suicide clauses

Article

Drinker Biddle & Reath LLP | USA | 17 Nov 2016

Colorado Supreme Court Allows Duplicative Recovery Under UMUIM Coverage

A divided Colorado Supreme Court held on November 7, 2016, that automobile insurers may not reduce uninsuredunderinsured (UMUIM) benefit awards to

Article

Drinker Biddle & Reath LLP | USA | 28 Oct 2015

Seventh Circuit slams STOLI scheme, permits insurer to retain premium and recover attorneys' fees

Last week, the United States Court of Appeals for the Seventh Circuit issued an opinion affirming summary judgment in favor of Ohio National Life

Article

Drinker Biddle & Reath LLP | USA | 5 Aug 2015

Without so much as a fig leaf . . .

Legal commentators and court watchers rightly complain about activist judges who make laws rather than interpret them. Last month's decision in the

Article

Drinker Biddle & Reath LLP | USA | 4 Mar 2015

Punishing good deeds in California

Most state treasurers now demand that life insurers search public databases, such as the Social Security Administration's Death Master File (DMF)

Article

Drinker Biddle & Reath LLP | USA | 6 Aug 2014

Florida DFS unclaimed property grab “clearly erroneous”

Florida's First District Court of Appeal filed an opinion yesterday in Thrivent Financial for Lutheran's appeal from a declaratory statement issued

Article

Drinker Biddle & Reath LLP | USA | 18 Jul 2014

Sixth Circuit blurs line between primary and excess

The Sixth Circuit recently addressed the question of whether an excess insurer must provide a defense when the primary insurer fails to do so. In IMG

Article

Drinker Biddle & Reath LLP | USA | 9 Sep 2013

Life insurers go on offense

In what appears to be the first counter-offensive of its kind between life insurers and regulators, on September 4, 2013, three life insurers filed

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