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Tag Archives: Life

Insurance – Life – Civil Practice – Statute of Limitations – Tort/Negligence – Negligent Misrepresentation – Breach of Contract (access required)

Oates v. AXA Equitable Life Insurance Co. (Lawyers Weekly No. 004-013-17, 10 pp.) (Dennis Howell, USMJ) 1:16-cv-00379; W.D.N.C. Holding: According to the complaint, in 1992, defendant’s agents made misrepresentations to plaintiff that her two life insurance policies would become self-funding ...

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Insurance – Life – Application Misrepresentations – Alleged Forgery – Policy – Duty to Read (access required)

Meadlock v. American Family Life Assurance Co. of Columbus Even if plaintiff could prove that two insurance agents falsely filled out his decedent’s life insurance application and forged her electronic signature, once the decedent received the policy, she had a duty to read it, and it included the allegedly falsified and forged application.

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Insurance – Life – Labor & Employment – ERISA – Equitable Relief – Breach of Fiduciary Duty (access required)

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, has her claim for “equitable relief” for the insurance carrier’s breach of fiduciary duty reconsidered by the 4th Circuit, in light of CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).

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