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Ex-wife can get life insurance proceeds
A Charleston County woman will be able to receive the proceeds from her ex-husband’s life insurance policy, a federal judge has ruled. In a case issue of first impression, the judge said that an order resolving the couple’s marital debt and custody of their children qualified as a divorce order for the purposes of a […]
ERISA ruling shows strength of law’s preemption provision
Sometimes, it’s just hard to get around ERISA. The federal Employee Retirement Income Security Act sets a number of minimum standards for voluntary employee benefit plans, with the aim of protecting plan participants and beneficiaries. But the law also includes expansive preemption provisions, which make it exceedingly difficult for beneficiaries to bring claims against plan […]
Insurance — Life – Breach of Implied Contract Claim – Reconsideration Motion
McKown v. Symetra Life Insurance Co. (Lawyers Weekly No. 002-241-14, 6 pp.) (R. Bryan Harwell, J.) 4:13-cv-00982; D.S.C. Holding: A reasonable jury could determine that, by accepting a premium payment and depositing the funds, and only returning the premium after three weeks had passed and the defendant-insurer had been informed of the insured’s death, an […]
Insurance — Universal Life – Cancellation – Breach of Implied Contract Claim
McKown v. Symetra Life Insurance Co. (Lawyers Weekly No. 002-239-14, 8 pp.) (R. Bryan Harwell, J.) 4:13-cv-00982; D.S.C. Holding: After plaintiff’s father’s life insurance policy lapsed due to an insufficient premium payment, plaintiff sent in the outstanding premium amount but not the additional documentation that defendant had requested. There is a jury question as to […]
The difference between lying and committing fraud
Lorenzo Smallwood fibbed when he filled out an application for life insurance in 2007. He wrote that he’d never been treated for a mental disorder or alcohol dependency, and hadn’t recently used cocaine. In fact, the year before, he expressed concerns to a doctor that he suffered from post-traumatic stress disorder from his time in Iraq and reported that he drank heavily and used cocaine.
Insurance – Life – Application – Misrepresentations – Intent to Defraud – Directed Verdict
Shenandoah Life Insurance Co. v. Smallwood The evidence would have supported several explanations for why the decedent gave false answers to questions on his life insurance application about his alcohol and drug use.
Bankruptcy – Exemptions – ‘Liquid Asset’ – Life Insurance – Cash Surrender Value
In re Wilde The cash surrender value of a life insurance policy is not a “liquid asset”; therefore, the debtor cannot claim the cash surrender value of his life insurance policy as an exemption under S.C. Code Ann. § 15-41-30(A)(5). The trustee’s objection is sustained, and the debtor’s claimed exemption is disallowed. Black’s Law Dictionary defines a “liquid asset” a[...]
Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance
Spence v. Wingate Although the existence of a fiduciary duty is a question of law for the court, our Court of Appeals was correct that there is a genuine issue of material fact as to whether the defendant-attorney breached his fiduciary duty to his former client. We modify and affirm the Court of Appeals’ decision, which reversed the circuit court’s grant of partial summary judgmen[...]
Labor & Employment – ERISA – Life Insurance – Benefits Denied – Premiums Refunded
McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, is not entitled to the insurance proceeds as "equitable relief" for the insurance carrier's breach of fiduciary duty after the daughter was no longer eligible for the insurance; the 4[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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