Life Insurance

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What Is an Interpleader?

An interpleader is a civil action filed by a “stakeholder,” often a life insurance company, that is facing competing claims over benefits that are due. To avoid the risk of having to pay twice, the stakeholder can initiate an interpleader lawsuit against the competing claimants in order for the rightful claimant to establish their entitlement […]

ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

A life insurance decision issued by the U.S. Court of Appeals for the Eighth Circuit may be summed up by quoting a single sentence from the opinion: “Misleading an [Employee Retirement Income Security Act]-plan participant has consequences.” Skelton v. Reliance Standard Life Insurance Co.[1] teaches how lax benefit enrollment practices can be costly. […]

What Is an Incontestability Clause?

An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from canceling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years. Most states require the inclusion of such clauses in insurance policies […]

How Can I Protect My Life Insurance if I Become Ill and Cannot Work?

Life insurance typically ends when the employee is no longer active at work. However, employees can protect their life insurance if they become critically ill. If one of the fringe benefits of your employment is group life insurance, a critical concern of most employees who become ill is how to maintain life insurance coverage while they are ill and cannot work.

ERISA Ruling Shows Reluctance for Disability Claim Remand

Employee Retirement Income Security Act civil procedure often departs in significant respects from the normal civil procedure utilized uniformly by federal courts in all civil actions in accordance with the Federal Rules of Civil Procedure. One aspect of ERISA civil procedure that is especially questionable despite its near-uniform acceptance by the federal judiciary is the […]