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11 results on '"ANNUITY lawsuits"'

1. IL LAW UPDATE.

Author

HESS, MORGAN, COLLINS, NICHOLAS, and HARTZLER, MATTHEW

Subjects
LAW, ANNUITY lawsuits, WEAPONS policy, DRUG dealers, REPLEVIN, PROPERTY tax
Published
2019

2. Actuarial Soundness, the Meaning of "Commensurate," and a "Sniff Test".

Author

Simmons, Thomas E.

Subjects
*ANNUITIES, *MEDICAID law, *MEDICAID eligibility, *ANNUITY lawsuits, *MEDICAID, *MEDICAID beneficiaries, *SAFE harbor, *TRUSTS & trustees, *ACTIONS & defenses (Law)
Abstract

The article uses the case Zahner v. Secretary of Pennsylvania Department of Human Services, wherein Deficit Reduction Act (DRA)-compliant annuities were used by plaintiffs to conform to Medicaid requirements, as a framework for discussing actuarial soundness, the meaning of commensurate and the Sniff Test. Issues tackled are purchase of annuities in connection with eligibility of Medicaid beneficiaries, annuity safe harbor under the Medicaid Act, and annuities considered as trust-like devices.

Published
2017

3. Director's breach of fiduciary duties results in a clawback of super contributions.

Author

Broderick, Phil and Brazzale, Melissa

Subjects
LIQUIDATION, ANNUITY lawsuits, PENSIONS, ACTIONS & defenses (Law)
Abstract

The article discusses the Australian court case Australasian Annuities Pty. Ltd. (in liq) v. Rowley Super Fund Pty. Ltd. (Rowley Super) which focuses on the ability of a liquidator to claw back contributions to a superannuation fund. The Victorian Court of Appeal unanimously upheld the trial judge's decision that Steven Rowley, director of fund company Australasian Annuities breached his duties to the shareholders. The court reviewed the issue and attempted to find a solution to the case.

Published
2015

4. Annuity Firms Shift Their Pitch: Wholesalers have taken a new approach for planners leery of sales calls, regulation and litigation.

Author

SALINGER, TOBIAS

Subjects
PRIVATE annuity trusts, FINANCIAL planners, ANNUITY lawsuits, ANNUITY laws
Abstract

The article discusses the changes in strategies of annuity firms in their approach with financial planners. The annuity firms are hoping the new approach will appeal to investment advisors based on sales calls, fiduciary regulation, and litigation. Financial executive Chad Tope hopes that tailored services and technology would have better benefits than the traditional approach.

Published
2018

5. Dodgers' Apparent Money Issues May Stall Their Pursuit Of Bryce Harper.

Author

Ozanian, Mike

Subjects
ANNUITY lawsuits
Abstract

The article reports that the American professional baseball team Los Angeles Dodgers has cancelled its plan to hire player Bryce Harper. Topics discussed include purchase of the team by the firm Guggenheim Baseball Management, Guggenheim to face a lawsuit for defrauding annuity investors, and Mark Walter being the owner of the Dodgers.

Published
2018

6. Short-Term Annuities Are Not Resources for Medicaid Purposes.

Subjects
*ANNUITY lawsuits, *ANNUITIES, *MEDICAID, *LEGAL judgments
Abstract

The article discusses the relation between short-term annuities and Medicaid, a social health care program of the U.S. It cites the decision of the Third Circuit Court of Appeals which stresses that the short-term annuities of Medicaid applicants do not serve as resources even if the terms are less than the life expectancies of the annuitants. Several cases wherein the applications for Medicaid are denied due to unlawful transfers are also discussed.

Published
2015

7. Applicants Assessed Penalty for Spousal Annuities Win Injunction.

Subjects
*ANNUITY lawsuits, *INJUNCTIONS
Abstract

The article discusses the U.S. District Court case Wagner v. McCarthy wherein the court grants a preliminary injunction to a group of Medicaid applicants who were assessed penalty periods after their spouses purchased annuities.

Published
2014

9. Applicant's Annuities Must Name State as Remainder Beneficiary.

Subjects
*ANNUITY lawsuits, *ACTIONS & defenses (Law)
Abstract

The article discusses the Georgia court case Cook v. Glover which deals with Jerry Glover, the applicant for Medicaid, who should name the state of his annuity as a remainder beneficiary to prevent a transfer penalty.

Published
2014

10. Long Annuities Not Subject to Penalty But Short Annuities Are.

Subjects
*ANNUITY lawsuits, *MEDICAID, *DISTRICT court decisions, *ACTIONS & defenses (Law)
Abstract

The article discusses the Zahner v. Mackereth case which deals with the annuities of Medicaid applicants in Pennsylvania. Topics discussed include the annuities purchased by the husbands of Anable Zahner and Donna Claypoole, the summary judgment granted by the U.S. District Court for the Western District of Pennsylvania, and the transfer of assets according to the Federal Law.

Published
2014

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