My client’s brother was riding his motorcycle when another driver turned left in front of him. The motorcyclist struck the front right corner of the car. The motorcyclist died at the scene. The driver of the car received a ticket for violation of right of way. The motorcyclist was not speeding, and was not found to be … Continue Reading
My client’s husband had a seizure and fell in his home. He struck his head on the floor which resulted in a traumatic brain injury. Tragically, he later died of the TBI. At the time of his death, he was a plan participant in an ERISA benefits plan sponsored by his employer. One of his … Continue Reading
We filed suit against Metropolitan Life Insurance Company for life insurance benefits. Our client, a pastor, became disabled and continued his life insurance coverage under a waiver of premium provision in the life insurance policy. He was advised by the policy holder that coverage would be provided both for him and his spouse. Following his … Continue Reading
On Monday, we received Summary Judgment in our client’s favor in a federal court ERISA life insurance case against Sun Life Assurance Company of Canada. The Plaintiff was the son of the decedent. The decedent was a nurse employed by a local nursing home. She ceased working in February 2007 as a result of some health problems. While out of … Continue Reading
By virtue of a divorce decree, Lovallo was the equitable owner of a ten-year, renewable, term life insurance policy her former husband purchased from Jackson. Lovallo states that she notified Jackson that she was the equitable owner of the policy, and that in spite of this notice, Jackson did not notify her at the expiration … Continue Reading
My client is the beneficiary of an accidental death policy which was taken out on her fiance. Tragically, her fiance was killed in a car accident. The crash was caused by the other driver who was intoxicated. Our client’s fiance was also allegedly above the legal limit for alcohol. The accidental death policy contains an exclusion … Continue Reading
Our client was the beneficiary of an ERISA life insurance policy that the decedent had taken out through his employer. Tragically, the decedent was killed in a motor vehicle accident, and cocaine was detected in his system. The life insurance policy contained an exclusion for deaths if a person is "under the influence of narcotics." … Continue Reading
Generally, in order to take out a life insurance policy on someone, you must have an "insurable interest" in the life of that person. "Insurable interest" is defined in our Florida Statutes at Section 627.404. However, Stranger-Originated Life Insurance (STOLI) transactions involve a plan to initiate or originate a life insurance policy for the benefit … Continue Reading
Our client is the daughter of a deceased State of Florida retiree. In 2007, the State of Florida changed the amount of life insurance benefits it offered to its employees. The retiree died 5 months after the change in coverage took effect. Prior to 2007, the State of Florida had always conducted “passive enrollment” during … Continue Reading
We recently filed a lawsuit against Sun Life Assurance Company of Canada for life insurance benefits. Our client, the son of the decedent, argues that his mother was covered at the time of her death and therefore benefits are payable. Sun Life Assurance Company of Canada argues that our client’s mom was not covered at the time of her death. … Continue Reading
In United Ins. Co. v. Office of Ins. Regulation, 985 So.2d 665 (Fla. 1st DCA 2008), the court upheld an order from the Florida Office of Insurance Regulation which prohibited a mandatory arbitration clause in life insurance policies.United Insurance Company of America sells life insurance in Florida, and its life insurance contract had been approved … Continue Reading
