A Letter from the Editors Because each state’s laws related to insurance are unique and because federal courts’ application of ERISA to a set of facts can vary from circuit to circuit, there exist myriad nuances in the law as applied to life, health, disability and long-term care insurance. To address this somewhat amorphous area of the law, we are pleased to introduce our new blog—Underwritten— to provide commentary, updates and insight on the developments…

On June 12, 2018, Judge David Proctor certified a “pure question of law” to the Eleventh Circuit in the Blue Cross Blue Shield Antitrust Litigation, which could “materially advance the ultimate termination of this litigation.” The Blue Cross Blue Shield Antitrust Litigation MDL, pending since approximately 2013, involves “allegations by two separate putative class tracks that Defendants [Member Plans of the Blue Cross Blue Shield System that “facilitates health coverage for more than 100 million…

In at least one state, California, the answer to the question of “Do issues related to long-term care and elder abuse intersect?” is yes. The California Welfare and Institutions Code defines “financial abuse” of an elder adult to include an “entity” depriving an elder adult “of any property, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent…

In an unfortunately all-too-American scenario, Mark and Kaye married in 1997 and divorced 10 years later. But events that took place while Mark and Kaye were still married would eventually be up for consideration by the Supreme Court. While still married, in 1998 Mark purchased a life insurance policy and named Kaye as the primary beneficiary; Mark’s kids from his first marriage, Ashely and Antone, were named as secondary beneficiaries. Before Mark and Kaye divorced…

One year after its initial decision in a significant bad faith case, the Texas Supreme Court has issued its much-awaited opinion in USAA Tex. Lloyds Co. v. Menchaca. The case involved a homeowner whose post-Hurricane Ike property damage claim was denied by USAA Texas Lloyds Company (USAA). At trial, the jury found that USAA did not breach the policy, but that the company did violate the unfair settlement practices provisions of the Texas Insurance Code. Given…