Law – Page 6 – [BonkNote]

Material It’s amazing what plaintiffs’ lawyers deem to be material for purposes of the sale. Was it material that an agent received 95% of the first year’s premium? Was it material that the agent could have sold you essentially the same policy, particularly in a universal life scenario, and received only 40%? Those are things…

Judges Judges – Walker v LSW Premiums, Costs and Benefits – Judges — Mr. Anderson – (p261) 1919 – The Record, American Institute of Actuaries – Individual Reserves in Life Insurance – <Educate Judges> – [PDF- 451p-GooglePlay] Johnston & Johnston v Conseco first principles Father said never to purchase UL California – used to have …

Twisting Churning Replacements We have all heard some talk about twisting, and it has strong negative connotations. Universal Life, mainly because of its premium flexibility, has changed that. I recently heard one of our marketing people refer to replacement of old traditional permanent policies with Universal Life. He called it “The Enlightened Liberation of Assets”.…

Law – Index ABCDEFGHIJKLMNOPQRSTUVWXYZ# A ABA – American Bar Association Agency Law ALI – American Law Institute Amicus Curiae Briefs Anti-Trust Apparent Authority Attorney General Authority Back to top B Bad Faith Bespeaks Caution Doctrine Books – Law Back to top C Class Actions Class Action Settlements Conflicts of Interest Contract Interpretation Contract Law Courts…

Amicus Curiae Briefs ACLI MetLife v FSOC – Amici Curiae Briefs NAIC content.naic.org/legal_amicus_briefs.htm scocal.stanford.edu/opinion/fairbanks-v-superior-ct-33061 PIABA 2021 0809 – Amicus Brief – PIABA – Public Investors Advocate Bar Association – 8p The Williams decision raises two issues of critical importance to investors. The first is whether insurance carriers may be held to be responsible for the…

Class Actions Legal Cases – Index Legal Cases – Multidistrict Litigation – MDL Class Action Fairness Act of 2005 scholarship.law.upenn.edu/penn_law_review/vol156/iss6/ 2008 – LR – The Class Action Fairness Act in Perspective: The Old and the New in Federal Jurisdictional Reform, by Edward A. Purcell, Jr. – 105p 2008 – LR – The Class Action…

Private Right of Action 2004 – LR – PSLRA, SLUSA, and Defrauded Retirement Investors: Overlooked Side Effects of a Potent Legislative Medicine, by Michael J. Borden — [BonkNote] A regulator pointed out that a provision for a private cause of action is a major departure from NAIC policy, and after extensive discussion, the working group…

Lawyers The value of the settlement may also be determinative of the plaintiff’s attorney’s fee because their fees will generally be based on the value of the settlement. However, those fees get paid out whether they’re a part of the settlement, whether they come out of the amount paid to the class, or whether they’re…

2014 – LR – Regulating Systemic Risk in Insurance 2014 – LR – Regulating Systemic Risk in Insurance, by Daniel Schwartz — [BonkNote] — 73p (p1573-1574) – 19 For analyses that largely dismiss the possibility that the insurance industry is systemically risky outside of certain limited, nontraditional activities, see, for example, Richard Herring and Til Schuermann,…

ABA – American Bar Association ABE – American Bar Endowment – [link] 2015 1116 – ABA Journal – ABE and New York Life Celebrate 60-Year Partnership – [link] ABF – American Bar Foundation – [link] ABA Journal – [link] archive.org/details/pub_tort-trial-insurance-practice-law-journal National Conference of Lawyers and Life Insurance Companies Unauthorized Practice of Law 2021 Spring – ABA-Litigation – Demonstrative Evidence:…