Florida Court Issues Opinion on ‘Time’ vs ‘Proof’ of Death

 

Please see below for an article recapping the Florida First District Court of appeals’ August 5th 2014 opinion in regard to Thrivent Financial for Lutherans v. State of Florida, Department of Financial Services (DFS)In short, the court disagreed with DFS’ interpretation that life insurance proceeds are due and payable at the time of the insurer’s death and instead, indicates that the insurer must receive ‘proof of death’.  

http://www.jdsupra.com/legalnews/florida-court-of-appeal-holds-insureds-18131/

This opinion indicates that a life insurer does not have an affirmative duty to perform a match.  For those under audit, it leaves open whether a state or state auditor-agent can perform its own matching. ‎This issue may be far from resolved as Florida is likely to appeal.  In the past with similar cases, the parties continue to appeal adverse decisions until final adjudication by the states’ highest court. 

For more information on Cross Country Computer’s APEARS® death matching capabilities and to stay informed about other relevant insurance legislation, please contact Thomas Berger at (631) 220-6947 or via email to TBerger@crosscountrycomputer.com.

 

About Tom Berger

Thomas Berger is Chief Executive Officer of Cross Country Computer. Tom joined Cross Country in 1991 and acquired the company in 1996. During his tenure, Tom has overseen the debt-free growth of CCC and has been instrumental in strengthening the company’s infrastructure while simultaneously developing new services and diversifying into new business lines. Tom has personally developed the vision and design specifications for many of Cross Country’s systems, including TBeaut and CBeaut, our proprietary title and company name standardization products. In addition, Tom holds the patent for our Abandoned Property Escheat Assignment & Reporting System (APEARS™). Tom has served two terms as Treasurer of the Unclaimed Property Professionals Organization (UPPO) as well as two years as Secretary of the Unclaimed Property Committee within the Securities Transfer Association. He assisted in the creation of a white paper designed to educate the holder community about unclaimed property review and reporting practices. Tom has spoken frequently at Unclaimed Property conferences and was honored with the 2005 Unclaimed Property Holders Liaison Council’s (UPHLC) President’s Award. Tom is also an active member in numerous direct marketing related organizations including the Direct Marketing Association of Long Island, where, in 2012, he was selected as one of three inductees into the DMALI Hall of Fame. He is also a lifetime member of MENSA, the international High IQ society. Tom holds a BS degree in Management and Marketing from the Rochester Institute of Technology and has received military security clearance to oversee our government accounts.
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2 Responses to Florida Court Issues Opinion on ‘Time’ vs ‘Proof’ of Death

  1. Tom Berger says:

    The following link provides another perspective on the Florida First District Court of appeals’ August 5th 2014 opinion in regard to Thrivent Financial for Lutherans v. State of Florida, Department of Financial Services (DFS):

    http://www.lifehealthpro.com/2014/08/26/are-regulators-friends-or-foe

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