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Emerging Landscape of Life Insurance

(418 reviews)

Produced on June 14, 2016

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Course Information

Time 1h 30m
Difficulty Intermediate
Topics covered in this course: Insurance

Course Description

For many years, the key legal concepts in the area of life insurance remained largely unchanged since their origin at the beginning of the twentieth century. However, the recent use of life insurance policies as assets that are bought and sold via viatical and life settlements has led courts and regulators to dust off many of these dormant legal concepts and apply them to fit this growing landscape. This course provides an overview of the insurable interest requirement at the heart of every life insurance policy and summarizes some of the key decisions that have shaped this requirement. This course also takes you on a tour of the extents and limits of the legal devices used for challenging life insurance policies in recent court cases. Also covered will be the efforts by legislators and regulators across the country to adopt legislation and regulations governing viatical and life settlements. Finally, this course addresses some of the future legal and regulatory battlegrounds in the area of the insurance, such as cost of insurance increases and the obligations of carriers and agents to disclose the availability of viatical and life settlements to insureds.  

Join Eric Biderman, a Counsel with Arent Fox, for a discussion of this emerging legal landscape of life insurance.    

Learning Objectives:

I.     Gain a general overview of the insurable interest requirement at the heart of every life insurance policy and explore the key legal precedent that has shaped the law on insurable interest

II.    Summarize the extents and limits of the legal devices by which the validity of a life insurance policy may be challenged

III.   Identify the key components of the viatical and life settlement laws and regulations that have been adopted across many of the 50 states

IV.   Gain insight into the legal concepts surrounding recent efforts by insurance carriers to raise life insurance policy cost of insurance rates

V.    Understand the obligations that insurance carriers and agents have to disclose the availability of viatical and life settlements to insureds

Credit Information

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Eric Biderman

Arent Fox LLP

Eric Biderman, Counsel at Arent Fox, has a broad-based insurance practice that encompasses litigation, regulatory and transactional matters. He also handles legal issues relating to insurance coverage for policyholders and carriers. 

Eric has substantial litigation experience representing plaintiffs and defendants in insurance-related disputes in state and federal courts across the country. He has a particular expertise in handling matters related to the emerging regulatory landscape of life settlements, where he has represented trusts, investors, and secured lenders in lawsuits concerning the validity of the subject life insurance policies. Eric’s litigation experience also includes taking and defending depositions of insureds, policyowners, agents and other related parties in disputes related to life insurance policies. 

Eric also has significant experience handling insurance regulatory and transactional matters. He has advised insurance companies, insurance brokers, insurance agents, premium finance lenders, life settlement providers, and non-insurance entities regarding regulatory and licensing issues in various jurisdictions across the United States. Eric’s transactional experience includes handling a merger transaction that required the approval of multiple regulatory authorities. 

Additionally, Eric has devoted a substantial portion of his time to pro bono matters, including family court litigation and not-for-profit public interest endeavors.


Katherine D.

Very interesting developments.

Grant O.

Very effective presenter

James L.

Well done

Susan T.

Good to know

David T.

One of the best overviews of insurance industry I've heard. Excellent

May H.

Very informative and helpful.

Nathaniel F.

Superb presentation

Daniel M.

Not really my area of practice. But, good information.

connie m.

Learned a lot about this area. Great!

Julie A. B.

Good speaker and good substance.

Karen B.

Very helpful. Thank you so much!

Lisa C.

Very informative with recent case law. Thank you!

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