One of the hot areas of class action litigation against life insurers over the last few years has been the use of retained asset accounts, whereby the insurer pays life insurance proceeds not by a lump sum but instead by providing beneficiaries with access to an interest-bearing account from which the funds can be drawn.
Life Insurance
Life Insurance Retained Asset Account Class Action: Seventh Circuit Affirms Dismissal
I’ve covered before on this blog a series of class actions brought against life insurers involving the use of retained asset accounts, in which checkbooks are provided to beneficiaries of life insurance policies, from which any or all proceeds can be withdrawn at any time, rather than providing a lump sum payment. (For more on…
Life Insurance Retained Asset Accounts: New District of Massachusetts Decision
Life insurers’ use of retained asset accounts (in which checkbooks are provided to beneficiaries of life policies) have given rise to a rash of class action lawsuits in which courts have reached disparate results. I have blogged about these cases on a number of occasions. In my February 22, 2012 post, I discussed decisions…
Life Insurance Class Action Involving Death Master File: Ohio Court of Appeals Upholds Dismissal
Over the last couple of years numerous class actions have been filed against life insurance companies alleging that the companies should be required to perform searches of the Social Security Death Master File database to ascertain whether death benefits may be due that have not been claimed by beneficiaries. This has also been the focus…
Life Insurance “Checkbook” Accounts: Update on Prudential Case in Massachusetts
Life insurance class actions I have been following include the multi-district litigation (MDL) against Prudential Life Insurance Company of America pending in federal district court in Massachusetts. This case involves the payment of life insurance benefits under servicemembers’ and veterans’ group life insurance programs that are operated by Prudential and subsidized by the federal government. …
Life Insurance Class Action on Cost-of-Insurance Rates in Universal Life Policies: Wisconsin Federal District Court Applies Wal-Mart and Denies Class Certification
A recent decision on class certification in a case involving ratemaking for universal life insurance policies illustrates where the rubber is meeting the road in insurance class actions post-Wal-Mart. It also reminds class action lawyers of the importance of considering carefully whether the putative class members would actually want the relief being sought…
Preliminary Injunctions in Insurance Class Actions: California Federal Court Enjoins Life Insurer From Implementing Rate Increase
Preliminary injunctions in insurance class actions are relatively rare, which is why the recent decision granting such an injunction in Yue v. Conseco Life Ins. Co., 2012 U.S. Dist. LEXIS 46565 (C.D. Cal. Apr. 2, 2012), caught my attention. The case involves life insurance products sold by Conseco Life that apparently became a particularly…
Recent Life Insurance Class Action Decisions Involving Social Security Death Master File and Sale of Annuities to Senior Citizens
Last week I noted that there have been a relatively large number of recent opinions in insurance class actions, and provided updates on a number of significant recent P&C decisions. Now I’ll focus on significant recent life insurance cases. The first involves the Social Security Death Master File, a hotbed of recent regulatory and class…
Life Insurance Class Actions on Retained Asset Accounts: New Decisions By Maine and Pennsylvania Federal District Courts
Those readers who have followed my blog regularly will be familiar with my prior posts regarding class actions involving life insurers’ use of “retained asset” or “checkbook” accounts. Under this arrangement, the insurer pays the proceeds of a life insurance policy to a beneficiary by providing a checkbook for an interest-bearing account from which the…
Arkansas Supreme Court Allows Insurance Class Action to Proceed Despite Arbitration Provision
As I’ve noted in prior posts regarding the U.S. Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion (see, for example, my August 22, 2011 post), the insurance industry is in a somewhat unique position with respect to the use of arbitration clauses as a mechanism of avoiding class action exposure. One reason for…