August 01, 2016 Best of ABA Sections

Tort Trial And Insurance Practice: “based On” What? Courts Split Over Cost Of Insurance Rates

Over the past several years, a number of courts have considered the scope of insurer discretion to set cost of insurance (COI) rates for life insurance policies and have reached different results. Although some of the differences can be explained by variations in policy language, this article focuses on several cases that have reached opposite conclusions in interpreting the same language, specifically the phrase “based on.”

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