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Life Settlements

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There are no guarantees in life—and certainly not in life settlements. Harris Beach helps clients maximize opportunity, reduce risks and resolve conflicts

Harris Beach has more than a decade of experience litigating the highly specialized field of life settlements. We have litigated challenges arising from, among others,  inaccurate predictions of life expectancy, incontestability clauses in insurance policies (so-called “wet paper”), and issues associated with insurable interests. Our attorneys represent investors seeking high ROI on life settlement investments and policy owners hoping to maximize their income options.

We counsel life settlement providers and investment entities

Our attorneys represent:

  • Life settlement brokers and providers: We litigate in both state and federal courts, as well as in arbitration settings across the country, in cases involving investors, life settlement providers and brokers arising out of transactions to purchase life insurance policies and to finance premiums on policies. We have litigated the construction of multiple life settlement purchase agreements and rights under such contracts when enforcement confronts claims for fraud, for a contractual right to tender a reduced purchase price or for rescission. Litigations involving such entities frequently have included allegations of fraud, racketeering and unjust enrichment. We also have experience in negotiating with state regulatory authorities in multiple states and Puerto Rico and defending administrative proceedings to revoke authority to conduct business in such jurisdictions.
  • Policy owners: Our attorneys litigate disputes with insurance companies over calculations of cost-of-insurance, cash surrender and accumulated fund values, and misleading policy illustrations. We defend in disputes regarding insurable interest and/or statutory disgorgement of policy proceeds in the context of stranger-originated life insurance policies (“STOLIs”).
  • Regulatory Compliance: We counsel on meeting governmental licensing requirements and represent clients facing investigation and enforcement actions for alleged non-compliance with state regulatory requirements. Our attorneys have collaborated with the Securities Exchange Commission in cases of seizure of life settlement companies and its efforts to assist investors.

Leaders

Kelly Foss

Kelly S. Foss

Member
(585) 419-8717
kfoss@harrisbeach.com
Ivy Svetlana

Svetlana K. Ivy

Member
(585) 419-8779
sivy@harrisbeach.com

Team

Douglas Foss

Douglas A. Foss

Counsel
(585) 419-8612
dfoss@harrisbeach.com
Kelly Foss

Kelly S. Foss

Member
(585) 419-8717
kfoss@harrisbeach.com
Ivy Svetlana

Svetlana K. Ivy

Member
(585) 419-8779
sivy@harrisbeach.com
Kirstie Means

Kirstie A. Means

Member
(716) 200-5231
kmeans@harrisbeach.com
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Life Settlements

Service

There are no guarantees in life—and certainly not in life settlements. Harris Beach helps clients maximize opportunity, reduce risks and resolve conflicts

Harris Beach has more than a decade of experience litigating the highly specialized field of life settlements. We have litigated challenges arising from, among others,  inaccurate predictions of life expectancy, incontestability clauses in insurance policies (so-called “wet paper”), and issues associated with insurable interests. Our attorneys represent investors seeking high ROI on life settlement investments and policy owners hoping to maximize their income options.

We counsel life settlement providers and investment entities

Our attorneys represent:

  • Life settlement brokers and providers: We litigate in both state and federal courts, as well as in arbitration settings across the country, in cases involving investors, life settlement providers and brokers arising out of transactions to purchase life insurance policies and to finance premiums on policies. We have litigated the construction of multiple life settlement purchase agreements and rights under such contracts when enforcement confronts claims for fraud, for a contractual right to tender a reduced purchase price or for rescission. Litigations involving such entities frequently have included allegations of fraud, racketeering and unjust enrichment. We also have experience in negotiating with state regulatory authorities in multiple states and Puerto Rico and defending administrative proceedings to revoke authority to conduct business in such jurisdictions.
  • Policy owners: Our attorneys litigate disputes with insurance companies over calculations of cost-of-insurance, cash surrender and accumulated fund values, and misleading policy illustrations. We defend in disputes regarding insurable interest and/or statutory disgorgement of policy proceeds in the context of stranger-originated life insurance policies (“STOLIs”).
  • Regulatory Compliance: We counsel on meeting governmental licensing requirements and represent clients facing investigation and enforcement actions for alleged non-compliance with state regulatory requirements. Our attorneys have collaborated with the Securities Exchange Commission in cases of seizure of life settlement companies and its efforts to assist investors.

■ All Services

■ People

Douglas A. Foss

Counsel
(585) 419-8612
dfoss@harrisbeach.com

Kelly S. Foss

Member
(585) 419-8717
kfoss@harrisbeach.com

Svetlana K. Ivy

Member
(585) 419-8779
sivy@harrisbeach.com

Kirstie A. Means

Member
(716) 200-5231
kmeans@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Sports Law
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of May 19, 2022 11:50 pm
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