Life Insurance & Annuities

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On May 23, 2011, the Securities and Exchange Commission (the “SEC”) and the Commodity Futures Trading Commission (the “CFTC”) proposed joint rules in Federal Register 33-9204 (click here for a copy) that define the terms swap, security-based swap, security-based swap agreement, and mixed swaps.  On July 22, 2011, Susan E. Voss, Iowa Insurance Commissioner and President of the National Association of Insurance Commissioners (the “NAIC”) and Therese M. Vaughn, CEO of the NAIC penned a comment letter to the SEC and CFTC that urged them to make several changes to the proposed rules (the “NAIC Letter”). …
Read More Insurance Product Test in Proposed Rules by the Securities and Exchange Commission and the Commodity Futures Trading Commission May Place Certain Insurance Products under Federal Oversight

As previously reported, the New York Attorney General Eric Schneiderman began issuing subpoenas in late June to various life insurers concerning their use of the Social Security Death Master File (“DMF”) and compliance with New York’s abandoned property laws. The New York Attorney General has issued at least nine subpoenas as part of an investigation into how the life insurance industry uses the DMF. …
Read More Client Advisory – New York Insurance Department Requires Life Insurers to Use Social Security Death Master File to Identify Deceased Policy Holders

This updates our June 14 blog post.

The National Conference of Insurance Legislators (“NCOIL”) has proposed amendments to the Beneficiaries’ Bill of Rights Model Act relating to payment of life insurance proceeds to beneficiaries. …
Read More NCOIL Proposes Amendments to the Beneficiaries’ Bill of Rights Model Act relating to Payment of Life Insurance Benefits

As part of a coordinated national investigation, California state insurance regulators held a hearing on May 23, 2011 to probe one particular life insurer’s claims settlement practices. Just as in the Florida hearing described in our May 20, 2011 advisory, at issue was the life insurer’s use of the Social Security Death Master File (DMF), a publically-available database containing information on deceased Americans. …
Read More Client Advisory – California Announces Investigation of Life Insurers’ Use of Social Security Death Master List and Compliance With Unclaimed Property Laws

This is an update as to the efforts of various state insurance regulators, and attorneys general, to coordinate an investigation of life insurance claims settlement practices. Specifically, insurance regulators have been investigating a number of large life insurance companies regarding the purported failure to pay, or undue delay in remittance of, death benefits to beneficiaries of life insurance and allied products. …
Read More Client Advisory – State Insurance Regulators Coordinate Investigation of Life Insurers’ Compliance With Unclaimed Property Laws

This updates our May 3, 2011 blog post.  Several state regulators have joined together to form a special task force (“Task Force”) under the auspices of the NAIC to coordinate investigation of the claims procedures of certain life insurance companies.  In particular, states are examining the manner in which such companies investigate and determine whether a particular insured is deceased, and locate beneficiaries. …
Read More NAIC Task Force Established to Coordinate Investigation of Life Insurance Companies’ Claims Procedures

Numerous states are currently examining certain claims procedures of life insurance companies.  In its most basic form, life insurance is designed to provide a death benefit to a named beneficiary upon the death of the insured life.  State law generally requires that carriers disburse death benefits to the named beneficiary in a timely manner, or, if the beneficiary cannot be located after due diligence, submit the payment to the state under the applicable escheat law.  State regulators are currently examining the manner in which life insurance companies investigate and determine whether a particular insured is deceased, and locate beneficiaries. …
Read More Claims Procedures of Life Insurance Companies Come Under Scrutiny

According to a recent article in the New York Times, insurance and reinsurance companies from Japan and abroad, as well as hedge funds and other investors in catastrophe bonds, are expected to bear a relatively small portion of the losses stemming from the earthquake and resulting tsunami, which is expected to exceed $100 billion.  By way of comparison, the 1995 earthquake in Kobe, Japan resulted in approximately $100 billion of damages, according to the Insurance Information Institute, but only about $3 billion of that was covered by insurance. …
Read More Japan’s Government Will Likely Bear Most of the Damages Resulting from the Earthquake

Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – March 2011, which contains nine articles about various topics in the insurance and reinsurance industry. …
Read More Insurance & Reinsurance Review – March 2011