National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Category Archives: Life, Health & Disability

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Restitution Award Against Life Insurer Under California’s Unfair Competition Law Could Not Be Trebled

Posted in Life, Health & Disability
Restitution awarded pursuant to California’s Business & Professions Code (“BPC”) § 17200, et seq., cannot then be increased pursuant to a trebling provision that specifies it pertains to statutes that impose fines and penalties (which the BPC does not do), according to a unanimous California Supreme Court.  In Clark v. Sup. Ct. (National Western Life Ins.… Continue Reading

Insurer Estopped from Seeking Recission of Life Policy for Collection and Retention of Premiums

Posted in Life, Health & Disability
In an action to rescind life insurance policies for fraud and misrepresentation, a New York appellate court recently held that although the action was timely filed within the statutory two-year incontestability period, the insurer was estopped from seeking rescission for having collected and retained nine premium payments after commencing suit. In Security Mutual Life Insurance… Continue Reading

California Limits Causes of Action Against Life Insurers

Posted in Life, Health & Disability
In Fairbanks v. Superior Court of Los Angeles County (Farmers New World Life Insurance Co.) 46 Cal.4th 56 [2009 WL 1035264] (2009), the California Supreme Court held life insurance is not a service subject to the protections of California’s Consumer Legal Remedies Act (“CLRA”). The decision provides life insurance companies with a solid defense against… Continue Reading

Insurer Burned By Insured’s Waiver of Right To Payment Credit

Posted in Life, Health & Disability
  The Ninth Circuit, applying California law, issued a decision which charts new territory on the handling of workers’ compensation claims, and announces an approach contrary to enforceability of voluntary payment provisions in insurance policies. In Travelers Prop. Cas. v. Conoco Phillips Co., __ F.3d __ (9th Cir. 2008) [08 CDOS 13285], the Ninth Circuit affirmed… Continue Reading

Equitable Defenses Did Not Defeat Class Certification

Posted in Life, Health & Disability
Blue Shield still faces a possible class action on “post claims underwriting.” California’s Court of Appeal, Second District (Los Angeles), issued a slightly modified opinion after rehearing against Blue Shield. The appellate decisions reverses the Los Angeles County Superior Court’s order denying a motion to certify a class under Proposition 64.  In sum, the appellate court held… Continue Reading

Definition of “Total Disability” Deemed Unambiguous; Precludes Coverage for Gainfully Employed IME Physician

Posted in Life, Health & Disability
In White v. Continental Cas. Co. (NY Nov. 27, 2007), the New York Court of Appeals considered whether the definition of “total disability” in a disability income policy was ambiguous, and, if not, whether the insured had satisfied the definition to permit recovery under the policy. The court held it was not, and that the… Continue Reading