Lawsuits

  • There are problems waiting to emerge that will be uncovered by lawsuits, not the regulators, or by the media.
    • Consider life insurance market conduct abuses of a decade ago.
    • The largest life insurers told people their premiums would disappear, and confused them into believing their life insurance was an investment.
    •  It took lawsuits to uncover these problems.  (p10-11)

—  Statement of J. Robert Hunter, Director of Insurance, Consumer Federation of America

2007 1030 – GOV (House) – Additional Perspectives on the Need for Insurance Regulatory Reform, Paul Kanjorski, (D-PA) – [PDF-180pVIDEO-Archive.org

  • An insured has no right to rely upon an agent’s patently absurd interpretation of a policy.
  • He ordinarily may rightfully rely, however, upon an agent’s interpretation that is plausible and not in patent conflict with the printed policy although legally untenable.
  • 1963 0424 – LC – Mutual Ben. Life Ins. Co. of Newark, N.J. *403 v. Bailey, 5 Storey 215, 55 Del. 215, 190 A.2d 757, Supreme Court of Delaware – [link]

1969 1128 – LC – Bayer v. Lutheran Mutual Life Insurance Company – 172 N.W.2d 400 – 184 Neb. 826 – No. 37329. – Supreme Court of Nebraska. – [link-Justia]

  • 1941 – LC – Helvering v. Le Gierse
    • 312 U.S. 531   
    • No. 237
    • Argued January 9, 10, 1941, Decided March 3, 1941
    • 2005 – SOA – Experience Rating, Helvering vs. Le Gierse, and COLI/BOLI Arrangements, by Kirk Van Brunt, ttn-2005-vol01-iss03-brunt – Society of Actuaries – 3p
  • 2009 – LC – In re: Matter of the Stuart Cochran Irrevocable Trust v. Keybank
    • Indiana Court of Appeals case involving a life insurance trust