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.

 

Tom Berger

About Tom Berger

Thomas Berger is CEO of Cross Country Computer. Tom joined Cross Country in 1991 and acquired the company in 1996. Tom has served as Treasurer of the Unclaimed Property Professionals Organization (UPPO) and holds the patent for APEARS™. Tom was inducted into the Direct Marketing Association of Long Island (DMALI) Hall of Fame in 2012 and is a lifetime member of MENSA, the international High IQ society. Tom holds a BS degree in Management and Marketing from RIT.
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2 Responses to Florida Court Issues Opinion on ‘Time’ vs ‘Proof’ of Death

  1. Tom Berger 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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