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24 Sep, 2008 9:09 pm
... in favor of the plaintiff on his fraud claim and provided a helpful discussion of the reasonable reliance standard. In AmerUs, the Smiths sued AmerUs Life Insurance Company alleging fraud in connection with the sale of a life insurance policy. ... on inquiry as to the existence of inconsistencies in the agent's representations and the policy terms, Smith's reliance was unreasonable as a matter of law and AmerUs was entitled to judgment as a matter of law. For her part, Chief Justice Cobb dissented, ...
Alabama Appellate Watch - http://www.alabamaappellatewatch.com/
8 Oct 1:33 pm by Goldberg Segalla LLP
... .-Israel Inst. of Tech. v. First Reliance Standard Life Ins. Co. Download Baggett v. Automobile Association of America Download Black v. Long Term Disability Insurance Download Blue Cross and Blue Shield of Montana v. Montana State Auditor and Commissioner of Insurance ... Co. v. Tedford Download MetLife Auto & Home v. Zampino Download Miles v. Great Northern Insurance Company Download Mitchell v. Fortis Ins. Co. Download Nilesh Enterprises, Inc. v. Lawyers Title Ins. ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
10 Sep 3:04 pm
The Ninth Circuit's recent decision in Yokoyama v. Midland National Life Insurance Company, 2009 WL 2634770 (9th Cir. Aug. 28, 2009) reflects a fundamental ... well as the amount of his or her damages. See Yokoyama v. Midland Nat'l Life Ins. Co., 243 F.R.D. 400 (D. Haw. 2007). In reversing the district court, the Ninth Circuit articulated - allegedly for the first time - that its standard of review when reviewing a trial court's conclusion on an issue of law in the class certification context is de ...
Jackson on Consumer Class Actions and Mass Torts Blawg - http://www.consumerclassactionsmasstorts.com/
10 Sep 3:04 pm
The Ninth Circuit's recent decision in Yokoyama v. Midland National Life Insurance Company, 2009 WL 2634770 (9th Cir. Aug. 28, 2009) reflects a fundamental ... well as the amount of his or her damages. See Yokoyama v. Midland Nat'l Life Ins. Co., 243 F.R.D. 400 (D. Haw. 2007). In reversing the district court, the Ninth Circuit articulated - allegedly for the first time - that its standard of review when reviewing a trial court's conclusion on an issue of law in the class certification context is de ...
Jackson on Consumer Class Actions and Mass Torts Blawg - http://www.consumerclassactionsmasstorts.com/
16 May, 2007 9:56 am by Christopher T. Hurley
... to the severely reduced, negotiated billing rates paid by Medcare, Medicaid and third-party insurance companies; foundational objections to expert testimony; and the foundation necessary for paid and unpaid medical bills to ... found the plaintiff's medical expert, an internist, unqualified to testify that the defendant physiatrist had violated the standard of care with regard to the management of the plaintiff during his rehabilitation from a hip replacement. This Appellate Court reversed, finding ...
Illinois Car and Truck Accident Lawyer Blog - http://www.illinoiscarandtruckaccidentlawyerblog.com/
12 Apr, 2008 4:38 pm
... insurer, the former is entitled to select independent counsel to conduct the defense." D. Interim Fee Agreements The standard for independent counsel rates is reasonableness. The burden of proving a fee charged by an attorney is unconscionable or unreasonable rests upon ... , its access to material should be limited to noncoverage related items. Policyholder counsel should request that the insurance company set forth the basis for audit counsel's investigation and review, including the assumptions ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
25 Jul, 2008 11:55 pm by Robert L Abell
... the New York Times reports ("Senate Asks 9 Insurers To Furnish Information"). Unum, Cigna, MetLife, Aetna, Hartford Life, Lincoln, Prudential, Standard and Reliance Standard have received letters for a Senate committee regarding their ... practices of compelling their insureds to apply for Social Security disability benefits. Most disability insurance policies allow the insurance company to reduce their payments to the claimant if they begin receiving Social Security disability benefits. Therefore, ...
Abell Law Blog - http://abelllaw.typepad.com/abell_law_blog/
9 May, 2007 1:04 pm by Christopher T. Hurley
... require dialysis for the rest of her life. [R. V13, 229-230]. A. Evidence establishing the liability of defendant hospital. The jury heard testimony that Mrs. Kunz entered Little Company of Mary Hospital on June 7, ... court found the plaintiff's medical expert, an internist, unqualified to testify that the defendant physiatrist had violated the standard of care with regard to the management of the plaintiff during his rehabilitation from a hip replacement. This Appellate Court reversed, finding ...
Chicago Medical Malpractice Lawyer Blog - http://www.chicagomedicalmalpracticelawyerblog.com/
22 Jun 10:20 am
... combination of size, leverage (including off-balance sheet exposures) and degree of reliance on short-term funding; (iii) the firm's criticality as a source of credit for households, ... firm. Standards relating to capital, liquidity and risk management are anticipated to be stricter for Tier 1 FHCs than those imposed on other bank holding companies ("BHCs") ... Act ("BHC Act"), even if they do not own insured depository institutions. The white paper suggests a five-year phase-in of the BHC Act activity ...
Financial Industry Recovery Center - http://www.huntonfinancialindustryrecovery.com/
18 Jan, 2005 2:56 pm by Marcus Castillo
... out of the Southern District illustrates the attorneys' fees analysis applicable to ERISA cases in Florida. Plaintiff's counsel in Smith v. Reliance Standard Life Insurance Company, successfully prosecuted a claim for long-term disability benefits, recovering $319,200 in principal plus pre-judgment interest of $72,149. In the Eleventh Circuit, five factors are considered in determining whether to award attorneys' fees in ...
Florida ERISA Blog - http://floridaerisa.blogspot.com
6 Apr 1:42 pm by Patrick Hindert
... a plaintiffs' broker in connection with the settlement. Defendants The Hartford Financial Services Group, Inc. Hartford Life, Inc. Hartford Life Insurance Company Hartford Accident and Indemnity Company ... Company U.S. District Court Judge - Hon. Janet C. Hall Plaintiff Class Counsel David S. Golub Jonathan M. Levine Peter R. ... other potential investments. Hartford required SBS and BAP participants to use standard and uniform sales presentations developed by Hartford plus a Hartford software program ...
Beyond Structured Settlements - http://s2kmblog.typepad.com/rethinking_structured_set/
27 May 1:23 pm by Law Lady
... to file fourth amended complaint which would avoid preclusion of state law claims under Securities Litigation Uniform Standards Act, and remand to state court for lack of federal jurisdiction because Securities Litigation Uniform Standards Act was ... ripe for adjudication Reported at 21 Fla. L. Weekly Fed. D628a Insurance -- Rescission of life insurance policies -- Complaint by life insurance company alleging that defendants collaborated in scheme to recruit elderly applicants for life insurance ...
The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/
26 Oct, 2008 5:03 pm by The Settlement Channel
... Now to the fear part. We are living in the most challenging financial market for life insurance companies since the early 1980's, when exploding interest rates, rampant inflation ... getting grilled and much like the pounding they took after Executive Life got a AAA just before melting down, the agencies are going to have to answer ... my account with NSSTA charged. None of what I am proposing is anything other then what standard web sites, associations and professional networks provide routinely. We don ...
Mark Wahlstrom's Settlement Channel Blog - http://www.thesettlementchannel.com/the-settlement-channel-blog/
3 Nov, 2008 1:32 pm
... by Credit Suisse First Boston Corp. ("Credit Suisse") and other defendants to dismiss a lawsuit brought by Bankers Life Insurance Company ("Bankers Life") over subprime-mortgage-backed bonds that Bankers Life purchased from Credit Suisse. ... Credit Suisse "purposely lowered criteria and standards, or turned a blind eye to it, in order to keep selling profitable certificates." Finally, the court ruled that Bankers Life adequately alleged that its reliance on such statements and omissions caused it ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
26 Jan 1:54 am
... are Not Immune After All: All three of these banks fall within a standard definition of "community banks" - that is, they had assets below $1 billion. National Bank ... its stock by a third since early this month." The article specifically notes concerns that life insurance companies' balance sheets and financial statements might not "fully reflect ... investments they hold." Nor are these concerns limited just to the banking and life insurance sectors. The Wall Street Journal's January 24, 2009 Heard ...
The D & O Diary - http://www.dandodiary.com/
29 Oct 11:48 am by The Complex Litigator
... re Tobacco II Cases, 46 Cal.4th 298 (2009), the prior two decisions being Kaldenbach v. Mutual of Omaha Life Insurance Company, et al. (October 26, 2009) (discussed on this blog here) and Morgan, et al. v. AT& ... shows standing under a UCL claim asserting a "fraudulent" prong (likely to deceive) standard. What Cohen ignores is the fact that, according to Tobacco II, the causation showing (in this instance, a reliance showing) is not an element of a UCL claim, except that, after Proposition 64, ...
the complex litigator - http://www.thecomplexlitigator.com/
28 Dec, 2008 9:48 am by Patrick Hindert
... departments. State insurance guarantee funds provide a safety net for individual company failures. Life insurance companies that issue structured settlement annuities, therefore, are among the strongest of the financially strong. If injury victims want income ... to plaintiff attorneys Problem solving vs. product sales Building settlement planning teams 468B as a standard funding model Integrating structured settlements with settlement trusts Improving industry Internet applications and skill sets ...
Beyond Structured Settlements - http://s2kmblog.typepad.com/rethinking_structured_set/
26 Oct 3:47 pm by The Complex Litigator
... II Cases. See blog post. In Kaldenbach v. Mutual of Omaha Life Insurance Company, et al. (October 26, 2009), the Court of Appeal (Fourth Appellate ... added.) UCL relief is available on a class basis "without individualized proof of deception, reliance and injury. [Citations.]" (Id. at p. 320.) Slip op., at 20. The Plaintiff ... Kaldenbach claimed Mutual's presentations relating to ALPs were uniform, it utilized standardized training methods, materials, and scripts to which agents were required to adhere ...
the complex litigator - http://www.thecomplexlitigator.com/
... -free rate, to offset at least partially the declining risk-free rate. Twenty years ago a pension fund or insurance company selling annuities could invest at 3.5% real yield to maturity on an entirely risk-free basis; now ... funds above the size judged to be potentially systemically significant, the prudential regulator should have the authority to establish appropriate standards for capital, liquidity and risk management". That halfway house on hedge funds - information and the power to respond to ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
31 Oct, 2008 4:56 pm
... modern analysis is based more on actual competitive effects of an agreement than rigid categories. This standard was perhaps best expressed by Justice Breyer, concurring in the California Dental case, as follows: ... the State policy or administration.27 The Supreme Court permitted RICO claims against insurance companies because there is no direct conflict and the federal remedy does ... . Royal Drug Co., 440 U.S. 205 (1979); Union Labor Life Ins. Co. v. Pireno, 458 U.. 119 (1982). 26.Goshawk Dedicated ...
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Law at the End of the Day - http://lcbackerblog.blogspot.com
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