| Payees of Claims |
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| When a claim is submitted to an insurer under an insurance policy and the insurer determines that it will make payment for the loss incurred, the insurer must then make payment to the proper party. To determine the proper payee of insurance proceeds, an insurer must focus on the rights under the policy rather than the rights of the parties to the insured property. For example, the fact that a party owns the insured property does not mean that he is entitled to the proceeds when a loss occurs. In general, any party with a recognized interest in the proceeds may be entitled to payment. If a party entitled to payment is not paid, the insurer may be subject to multiple liability for the same loss.More... |
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| The Meaning of Reinsurance |
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| Reinsurance is the process by which an insurance company shares the risk that it assumes when it issues an insurance policy. For example, an insurance company that issues a $1 million life insurance policy may reinsure or have other insurers assume $900,000 of the risk. The insurance company issuing the policy thus "cedes" most of the risk to one or more reinsurers. More... |
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| Pleading a Case |
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| If an insured sustains a loss and is denied payment by an insurer under an insurance policy, he may bring an action against the insurer to recover his claimed loss. The insured's complaint may state his cause of action generally and in brief and simple language. Some statutes provide optional methods of pleading. Courts may construe the averments of the complaint liberally. Matters not pleaded are generally waived. More... |
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| Treatment of Annuities as Securities |
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| Variable annuities are differentiated from fixed annuities by virtue of how the benefits are funded. In a traditional fixed annuity, an annuitant pays a premium(s) and is guaranteed a certain rate of return over a life expectancy; thus, benefit payments can be determined with precision. In a variable annuity, premium payments are held in a separate account or accounts. More... |
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| Insurance Considerations in Mergers and Acquisitions |
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| Insurance policies may be considered significant assets of a company engaged in a merger or acquisition. Although comprehensive general liability policies often contain an anti-assignment clause, such clauses normally are narrowly construed to bar assignment of rights under insurance policies only if the assignment expands the obligations of the insurer. More... |
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