These are Chip Delano's posts

Varity Corp. v. Howe: Alive and Well Despite Amara!

 This article originally appeared in The Voice, Vol. 15, Issue 4 (January 27, 2016), a publication of DRI. It appears here with permission. It’s a common fact scenario that many of us frequently face these days: a plaintiff’s complaint makes two claims under ERISA, a claim for plan benefits under § 1132(a)(1)(B) and an equitable claim […]

 

Early Termination of Annuities Not Permitted

Since investing can be a risky business with investments dropping in value from time to time, investors seeking steady income with minimal risk are sometimes attracted to an annuity’s guaranteed-income feature.  A recent case from the Western District of Virginia, however, illustrates why an investor should first research whether an annuity is the right choice […]

 

And the Defense Wins

In Banner Life Insurance Co. v. Jacqueline L. Noel, 2013 U.S. App. LEXIS 1539 (4th Cir. 2013), aff’g 861 F. Supp. 2d 701 (E.D. Va. 2012), the U.S. Court of Appeals for the Fourth Circuit recently affirmed the district court’s granting of Banner’s motion for summary judgment limiting its obligations to return of the premium […]

 

Top 5 Things-to-Know About Notifying Claimants of Settlement Payments

By: Robert B. “Chip” Delano, Jr. As many insurers are already aware, Virginia law now requires insurers to notify claimants and judgment creditors of all full and partial settlements over $5,000.  The law applies to all lines of insurance except those subject to Code § 38.2-4214 and 38.2-4319 and applies to both first and third […]