INSURANCE: LIFE INSURANCE: FLORIDA DISPOSITION OF UNCLAIMED PROPERTY ACT: LIFE INSURANCE PROCEEDS ARE DUE WHEN THE INSURER RECEIVES PROOF OF DEATH AND SURRENDER OF THE POLICY OR THE INSURED WOULD HAVE BEEN OLD ENOUGH TO RECEIVE THE POLICY PROCEEDS REGARDLESS OF DEATH: AN INSURER DOES NOT HAVE AN AFFIRMATIVE DUTY TO SEARCH DEATH RECORDS  

Thrivent Financial for Lutherans v. Department of Financial Services, ___ So. 3d ___, 39 Fla. L. Weekly D1636 (Fla. 1st DCA August 5, 2014)

The Department of Financial Services (DFS) issued a declaratory statement proclaiming “that life insurance funds are ‘due and payable’ under subsection 717.107(1) [of the Florida Disposition of Unclaimed Property Act] upon the death of the … Click To Read Full Case Law Review...

INSURANCE: LIFE INSURANCE: SECTION 627.404(5), FLORIDA STATUTES: INSURED MUST APPLY FOR OR CONSENT IN WRITING TO LIFE INSURANCE: VERBAL CONSENT IS INSUFFICIENT: WRITTEN CONSENT TO PARAMEDICAL EXAM IS INSUFFICIENT; CIVIL PROCEDURE: SUMMARY JUDGMENT

Do v. Lincoln Benefit Life Company, ___ So. 3d ___, 38 Fla. L. Weekly D363 (Fla. 2d DCA February 15, 2013)

The appellate court affirmed summary judgment for a life insurance company that rescinded the policy after the insured’s death because the insured did not sign the insurance application.  The insured was an elderly Vietnamese man who allegedly verbally authorized … Click To Read Full Case Law Review...

INSURANCE: LIFE INSURANCE: PREMIUM FINANCE AGREEMENT: ARBITRATION: FRAUD INVOLVING THE ENTIRE AGREEMENT

CFC of Delaware LLC v. Santalucia, ___ So. 3d ___, 37 Fla. L. Weekly D1590 (Fla. 4th DCA July 5, 2012)

The plaintiff purchased two $10 million life insurance policies for the purpose of paying her estate taxes when she died.  She borrowed from the defendant the money to pay the premiums.  When the plaintiff defaulted on the loan, … Click To Read Full Case Law Review...

INSURANCE: LIFE INSURANCE: PREMIUM FINANCE AGREEMENT: ARBITRATION: FRAUD RELATING TO ENTIRE AGREEMENT

CFC of Delaware LLC v. Santalucia, ___ So. 3d ___, 37 Fla. L. Weekly D1387 (Fla. 4th DCA June 13, 2012)

The trial court denied the defendant’s motion to compel arbitration of the plaintiff’s claims relating to a life insurance premium financing agreement based upon the defendant’s alleged fraud.  The appellate court reversed.  “It is well established that a … Click To Read Full Case Law Review...

LIFE INSURANCE: FACILITY OF PAYMENT STATUTE: SECTION 627.423, FLORIDA STATUTES: FORGERY; CIVIL PROCEDURE: SUMMARY JUDGMENT

Schwartz v. The Guardian Life Insurance Company of America, ___ So. 3d ___, 36 Fla. L. Weekly D2190 (Fla. 4th DCA October 5, 2011)

The insurer issued a life insurance policy designating the husband as the insured and the wife as the owner and beneficiary. After the husband filed for divorce, he requested a notice-of-change form from the insurer. The … Click To Read Full Case Law Review...