Federal Court Finds $10 Million Life Insurance Policy Sold to Wells Fargo Void Ab Initio

Pruco Life Insurance Co. v. Brasner (U.S. Dist. S.D.FL November 14, 2011)

In Pruco, a 72 year old woman attended a seminar promising “free life insurance.”  When she later inquired with the broker agency, she was signed up for a $10 million dollar policy which listed her as the owner and her husband as the beneficiary.  However, the woman was never intended to pay any premiums on the policy and it was understood that the policy proceeds would be collected by a third party to

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Cases for Life, Health, Disability and ERISA Quarterly Spring 2011 Edition

Cases provided courtesy of Lexis.

Bicknell v. Lockheed Martin Group Benefits Plan

Blue Shield of California Life & Health Insurance Company v. The Superior Court of Los Angeles

Crosby v. Louisiana Health Serv. & Indem. Co.

Dormer v. Northwestern Mut. Life Ins. Co.

Fier v. Unum Life Insurance Company

Hartford Life and Accident Insurance Company v. Cain

Lin v. Metropolitan Life Insurance Company

Muniz v. Amec Constr. Mgmt

Protective Life Insurance Company v. Hansen

Sadel v. Berkshire Life Ins. Co.

Union Security Insurance Company v.

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United States Supreme Court Refuses to Hear Benefits Appeal

Richards v. Hewlett-Packard Corp. (U.S. Sup. Ct. December 6, 2010)

In 1991, Edward Richards filed for long-term disability benefits after being diagnosed with chronic fatigue immune dysfunction and fibromyalgia.  Mr. Richards had worked for Digital Equipment Corp., now Hewlett-Packard Co., as a software engineer since 1984.  Prudential Insurance Co. of America granted his claim and in 1992, Mr. Richards was granted Social Security disability benefits.

The company’s plan permitted Prudential Insurance to confirm Mr. Richards’ condition from time to time.  In 2001, several physicians commissioned

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Cases for Goldberg Segalla’s Life, Health, Disability and ERISA Quarterly Published November 18, 2010.

Bell v. Pfizer, Inc.

Blumenthal v. New York Life Insurance and Annuity Corporation

Bonner v. Metropolitan Life Ins. Co.

Conseco Life Insurance Company v. Williams

First National Bank & Trust Company v. Stonebridge Life Insurance Company

Flores v. Monumental Life Ins. Co.

Gunn v. Reliance Standard Life Ins. Co.

Hinkle v. Assurant, Inc.

Howley v. Mellon Financial Corporation

Jackson v. Fort Dearborn Life Insurance Company

Klay v. AXA Equitable Life Insurance Company

Kramer v. Phoenix Life Insurance Co.

LeSuer v. HCA Inc.

McClelland v. Life

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Questions Regarding Whether “Insurable Interest” for Stranger Orginated Life Insurance Policy (“STOLI”) Exists Where Intent to Sell the Policy Exists at the Time it was Purchased

AMERICAN GENERAL LIFE INSURANCE v. HELEN GOLDSTEIN (District Court, Delaware  September 30, 2010)

The insured was approached by a "friend" regarding a "fabulous deal":  in exchange for six-figures, the insured would simply have to submit to a medical examination and apply for a life insurance policy.  The insured set up a trust, naming her husband as beneficiary.  She applied for a life insurance policy, listing her unearned income as $200,000 per annum, and her net worth as between $5-6 million.   In fact, her net worth was significantly less and

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Life, Health, Disability and ERISA Quarterly Cases – July Edition

Cases provided courtesy of Lexis.

Arunan v. Unum

Blanco v. Prudential

Davis v. Life Ins

Durakovic v. Bldg. Serv

Green v. Hartford

Grimes v. Prudential

Kenseth v. Dean

Manning v. American Republ

Metro v. McLean

Miller v. Mellon

Principal v. Smith

Reamy v. Ferguson

Reliance Standard

Ringwald v. Prudential

Rizzi v. Hartford

Saltzman v. Indepen. BC

Schully v. Contiental Cas

Simonia v. Glendale

Smith v. Cigna

Stevenson v. Bank of NY

Tannebaum v. Unum

Thompson v. Life Ins. Co

Unum v. Epes

Waschak v. Acuity

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MetLife Agrees to Pay $13.5 to Avoid Prosecution of Allegations that it Violated ERISA.

Metropolitan Life Insurance Company (“MetLife”) agrees to pay $13.5 million to the federal government to avoid prosecution of allegations that it violated the Employee Retirement Income Security Act, according to a Department of Justice Press Release by the San Diego Division of the Federal Bureau of Investigation.   As alleged, MetLife made improper payments to a San Diego based insurance broker, by knowingly failing to disclose and report certain information, including commissions and fees paid, required under ERISA.  The U.S. Attorney for the Southern District of

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