Topic: Life Insurance & Annuities

Florida Bill would Allow Policyholders to Use Viatical Settlement Proceeds to Pay for Medicaid-Covered Long-Term Care

On January 24, 2013, Florida Representative Jimmy T. Patronis (R) filed House Bill 535 (the “Bill”), which, among other things, would allow owners of certain life insurance policies to use viatical settlement contracts to cover the cost of Medicaid long-term care services. If adopted, the Bill would alter existing law, which requires exhaustion of a person’s assets, including allowing any in-force life insurance policies to lapse, before paying out Medicaid benefits. 

Read More

NAIC Senior Issues Task Force Held Public Hearing on Long-term Care Insurance

The Senior Issues Task Force (“Task Force”) of the National Association of Insurance Commissioners (“NAIC”) held a public hearing on long-term care insurance (“LTCI”) at the NAIC Fall National Meeting in Washington, DC.  During the hearing, a panel of experts discussed issues impacting the LTCI industry, including the impact of the economy on LTCI sales, increases in rates by private insurers, and the exit by a number of carriers from the market. 

Read More

NAIC Adopts Valuation Manual and Establishes Working Group

The National Association of Insurance Commissioners (“NAIC”) voted to adopt a Valuation Manual (the “Manual”) at its National Meeting on December 2, 2012 in Washington D.C., setting forth a principles-based approach to life insurance company reserves (known as principles-based reserving or “PBR”).  Currently, insurance company reserves are calculated using formulas prescribed by state insurance laws and regulations. 

Read More

US District Court in California Holds That an Out-of-State Group Annuity is Not Subject to California’s Individual Annuity Disclosure Requirements

The case involved a class action filed by an annuity beneficiary alleging that the insurer sold his mother and similarly situated plaintiffs a deferred annuity that did not comply with disclosure requirements of individual annuity contracts pursuant to California Insurance Code (“CIC”) §§ 10127.10(c) and 10127.13.   

Read More

Ohio Court of Appeals Holds Life Insurer Has No Affirmative Duty to Search Social Security Death Master File

In a new decision, the Court of Appeals of Ohio ruled that a life insurer is under no duty to search the Social Security Death Master File (“DMF”) to independently determine on an annual basis whether policyholders deceased prior to the insurer receiving proof of death from beneficiaries or claimants.  See Andrews v. Nationwide Mutual Insurance Company, No. 97891 (Ohio Ct. App. Oct. 25, 2012). 

Read More

Alleged Mutual Fund Kickback Case Allowed to Proceed as Class Action

Financial lines insurers may want to take a closer look at revenue-sharing agreements between pension plan administrators and the mutual funds they offer plan participants as investment options, in the wake of a Connecticut federal court’s decision to certify a class action against ING Life Insurance & Annuity Company. 

Read More

New York Court Dismisses Madoff Claim Against Investment Advisors & Fund Managers

A New York State trial court recently dismissed claims by the holders of variable life insurance policies, some of whose excess cash value was invested with Bernard Madoff’s securities firm, against various investment advisors and hedge fund managers.  The decision is SSR II, LLC v. John Hancock Life Insurance Company, et al., No. 652793/2011 (N.Y. Sup. Ct. – N.Y. Co. – Sept. 28, 2012). 

Read More

California Judge Spares Insurers Heavy Fines for Alleged Unfair Acts Violations

In a case challenging the California Department of Insurance’s (CDI) accusation against life and health insurers of multiple unfair and deceptive practices in violations of the California Insurance Code and the Fair Claims Practices Regulations (FCPR), an administrative law judge ruled that the CDI had overstepped its powers deriving from the Fair Claims Settlement Practices Regulations, and particularly Section 790.03 of Insurance Code. 

Read More

InsurTech

Topics

Archives

Email the Editor

Click here to Email the Editor

Locke Lord LLP

For the latest information about our Firm visit lockelord.com