Law
Punitive Damages
Punitive Damages 1997 – LR – Punitive Damages Reform: The Case of Alabama, by George L. Priest – 17p Gallant v. Prudential 27. Gallant v. Prudential Life Ins. Co., Barbour County, AL, CY·93-S0 (1994) Ferguson v Crown Life
Read MoreLawsuits
Lawsuits Law – Index Legal Cases – Index Legal Cases – Snippets – Other 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…
Read MorePrincipal – Agent
Principal – Agent Crown Life v Casteel 2023 – FSRA – Consultation www2.imms.com/members/3rdparty/AmerCol/legalbook/chap16c.htm [Principal-Agent] The rule in this Commonwealth has long been that “where limitations on the soliciting agent’s authority are contained in the application, the insured is bound to take notice thereof and he cannot hold the company bound for acts of the agent…
Read MoreDeceptive Trade Practices
Deceptive Trade Practices Deceptive DTPA – Deceptive Trade Practices Act Crown v Casteel 2000 – LR – Deceptive Trade Practices – Consumer Protection Act, by A. Michael Ferrill and Leslie Sara Hyman – 35p In Metropolitan Life Insurance Co. v. Haney,8 a life insurance agent brought DTPA claims against MetLife complaining of inaccurate policy illustrations generated…
Read MoreLibel
Libel 1978 0406 – NYT – $1.9 Million Payment Ordered in Libel Case, Sierra Life Insurance Co. – [link] A judge has ordered The Twin Falls Times News to pay $1.9 million in libel damages after it refused to disclose its sources for articles that an insurance company said ruined its business.
Read MoreLawsuits – Snippets – Other
Legal Cases – Snippets – Other In 1940, this Court implicitly accepted this reasoning in Holloman v. Life Insurance Company of Virginia, 192 S.C. 454, 459 7 S.E.2d 169, 171 (1940) ⇒ (“We do not consider the law a closed system, but on the contrary it is our view that its concepts should expand to…
Read MoreOn Notice
65 or older
65 or older 2022 0304 (Date Filed) – LC – Williams v. National Western Life Insurance – Opinion on Transfer, Appeals Court – 52p (p7) – 5 Section 785, subdivision (a) provides: “All insurers, brokers, agents, and others engaged in the transaction of insurance owe a prospective insured who is 65 years of age or older, a…
Read MoreElder Abuse
Elder Abuse ‘living trust mills’ 4 A “ ‘living trust mill’ ” involves “salespeople, posing as experts in estate planning, ngage[ing] in the unlawful practice of law, advis[ing] senior citizens to establish a living trust, and to invest in . . . annuities.” (People ex rel. Lockyer v. Fremont General Corp. (2001) 89 Cal.App.4th 1260,…
Read MoreElder Law
Elder Law 2021 1129 – Bloomberg – ‘Pension Poachers’ Are Targeting America’s Elderly Veterans, By Nick Leiber – [link] Larry Eber’s life was derailed when middlemen pledged to help him get supplemental benefits. Similar tales of alleged manipulation are playing out for thousands of former service members and their families. “Pension poaching” Chantelle Smith, an…
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