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.