Life Insurance Remedies: May a Living Insured Recover Damages for an Insurer's Failure to Provide a Required Grace Period Notice? (PDF)

Life insurance companies are often precluded from terminating a policy for nonpayment of premiums without first providing written notice to the policyholder. What remedies are available to a living insured when a policy is terminated without the required written notice?
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Life insurance companies are often precluded from terminating a policy for nonpayment of premiums without first providing written notice to the policyholder. What remedies are available to a living insured when a policy is terminated without the required written notice? That is the subject of this commentary and various alternatives are presented in the light of what relevant court cases have held.

 

Michael P. Cunningham is a member in the Baltimore office of Funk & Bolton, P.A. He primarily represents life, health and disability insurers in federal and state court litigation, including ERISA matters. Mr. Cunningham received his undergraduate degree from the University of Maryland Baltimore County and graduated summa cum laude from the University of Baltimore School of Law. Mr. Cunningham has extensive experience briefing insurance matters before the Court of Appeals of Maryland, the United States Courts of Appeals for the Third, Fourth, and District of Columbia Circuits, as well as the United States Supreme Court. He is a member of the Maryland and District of Columbia bars and was named a "Rising Star" in Maryland Super Lawyers. Mr. Cunningham gratefully acknowledges the work of Adam R. Gazaille, an associate of Funk & Bolton, P.A., in assisting with the preparation of this commentary.

 

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