Client Bulletins

On May 16, 2022, South Carolina passed a life insurance rescission statute codifying S.C. Code Ann. § 38-63-230, which conclusively forbids unilateral rescission of life insurance policies and sets forth strict procedures and essential language insurers must use to achieve mutual rescission.  The Law also amended S.C. Code Ann. § 38-63-220 requiring that mutual rescission be commenced within the two-year contestability period.

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Related Documents: Client Bulletin:  June 2022

A recent decision sheds light on whether a plaintiff has Article III standing to pursue claims alleging violations of a general provision contained in the Illinois Biometric Information Privacy Act (“BIPA”) absent allegations showing concrete and particularized harm to the plaintiff.

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Related Documents: Client Bulletin: January 2021

Congress has not updated the TCPA lately and new modes of communication keep popping up.  This client bulletin examines the circuit split regarding the receipt of unwanted text messages and whether they are sufficient to establish Article III standing.

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Related Documents:  Client Bulletin: May 2020

Cases involving accidental death claims for auto-erotic asphyxiation often yield different results. The District of Massachusetts recently entered summary judgment for an insurer on such a claim, in large part because the insured’s expectation that he would survive the incident was deemed unreasonable. Wightman v. Securian Life Ins. Co., No. 18-11285-DJC, 2020 WL 1703772 (D. Mass. Apr. 8, 2020).  This Client Bulletin takes a look at that decision and compares it with other recent decisions on this issue.

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Related Documents: Client Bulletin: April 2020

The COVID-19 pandemic is causing significant financial strain on the economy. In order to assist those impacted and to ease some of their financial burdens, many states are requesting that insurance carriers across all lines of business provide longer grace periods for premium payments and other accommodations to maintain coverage and access to insurance during this public health emergency.  This Client Bulletin summarizes the actions taken by the various state departments of insurance to encourage insurers to work with those who are concerned about their ability to timely pay their insurance premiums.

This is an ongoing effort and we will update this Client Bulletin as the efforts to respond to the COVID-19 pandemic further evolve.  For more information, please click below.

Related Documents: Client Bulletin: April 2020

The Supreme Court recently granted a petition for writ of certiorari in Barr v. American Assoc. of Political Consultants Inc., 19-631, which will consider whether the TCPA violated the First Amendment by prohibiting the use of an autodialer in certain circumstances but not others.

For more information on the decision, please click below.

Related Documents

Client Bulletin: April 2020

In a decision with significant implications for claims brought under the Telephone Consumer Protection Act, the Seventh Circuit held that a device used to send text messages only falls within the statutory definition of an automatic telephone dialing system…  For more information on the decision, please click below.

Related Documents

Client Bulletin: February 2020

Two recent decisions shed light on whether a plaintiff has Article III standing to pursue claims alleging procedural violations of the Illinois Biometric Information Privacy Act (“BIPA”) in federal court.  For more information on the decision, please click below.

Related Documents

Client Bulletin: February 2020

In 1987, Iowa amended its slayer statute — which originally disqualified beneficiaries who “feloniously” killed an insured — to disqualify beneficiaries who “intentionally and unjustifiably” caused the death of an insured.  For more information on the decision, please click below.

Related Documents

Client Bulletin: January 2020