Did You or a Loved One Use a Viatical or Life Settlement to Sell Off Life Insurance?

Viatical settlements, also known as life settlements, are growing in popularity as the amount of senior citizens that need to access money for retirement and medical expenses continue to increase.

It is very tempting for the elderly or terminally ill to sell their life insurance policy proceeds to fund medical treatments or to support themselves or their families. The use of viatical or life settlements may not be the best option for covering these expenses, as they are very complicated contracts. If you or a loved one already has a viatical or life settlement, you should immediately consult our law firm for a free review as you may be entitled to more money for your sale of your life insurance policy.

Some viatical or life settlement companies and brokers have unfortunately not been explaining the complicated intricacies of viatical or life settlements to their clients. You or your loved one may have not received the best deal for your life insurance contract as:

  • You may have sold your life insurance policy for less than you should have because your broker did not advise you of the highest offer available.
  • The settlement company and broker may have received higher fees than they should have received.
  • Significant taxes may come due and must be paid that were not initially explained.
  • Additional life insurance may not be available for you to purchase as you may no longer be insurable or have used up all the coverage an insurance company will sell to you.

If you or a loved one has sold off a life insurance policy by use of a viatical or life settlement in the last 2 years, please contact our law firm for a free review.

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Viatical Settlement Information

It can be very tempting to sell your life insurance policy by using a viatical settlement to fund medical expenses and support your family. Viatical settlements are extremely complex and should be thoroughly researched before making a decision on whether it is right for you.

A viatical settlement is a transaction in which the consumer (viator) sells his or her life insurance policy to a viatical settlement company (provider) for a onetime lump sum payment that is a percentage of the policy’s face value. The viatical provider then becomes the beneficiary of the policy and is responsible for making any premium payments. When the viator dies, the provider collects the full death benefit of the life insurance policy.

Viatical settlements are valued based on the:

  • Type of life insurance policy, such as whole life, universal life, and variable life
  • Face amount, death benefits, cash value, and account value of the life insurance policy
  • Age and medical condition of the viator
  • Financial rating of the life insurance company
  • Amount and frequency of the premiums
  • Overall economic conditions

Viatical settlement providers require detailed information about your policy and current health condition. Your viatical broker will review the information and ask an independent medical expert to assess your condition and life expectancy. The settlement broker will then send all the information to various viatical providers who will assess all the information and make an offer, which will be a percentage of the face value of the policy. You should receive multiple offers and your broker should give you an idea of the range of lower offers as a point of comparison.

Disadvantages of viatical settlements:

  • Your lump some payment may only be 10 to 30 percent of the face value of your policy.
  • Receiving a lump sum cash settlement can make you more vulnerable to creditors who already have outstanding judgments against you.Cashing in your life insurance policy can also affect your eligibility for public assistance programs, such as Medicaid and supplemental SSI.
  • Cashing in the death benefits under your insurance policy may also impact on insurance benefits for other family members.
  • You may be liable for significant tax and legal costs lowering your net proceeds on the sale of your life insurance policy.
  • Additional life insurance may not be available for you to purchase as you may no longer be insurable or have used up all available coverage.

If you have a bad experience with a viatical settlement provider or broker, it is important to consult with an attorney for a review.

If you or a loved one has sold off a life insurance policy by use of a viatical settlement in the last 2 years, please contact our law firm for a free review.

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Unum Increases Premiums On Long Term Care Policies

Long term care insurance policies can be a prudent way for a family to plan for a loved one’s care. Unfortunately, the ability to plan in that way can be destroyed when the cost of such a policy suddenly increases. Unum Life Insurance Company of America, a major provider of such policies, has recently increased the price for many of its existing long term care policies in California. This price increase will substantially raise the premiums for people who currently own a Unum long term care policy in California.

If you own or someone near to you owns a Unum long term care policy in California, and such a price increase is of concern to you, we would be interested in discussing with you how best to ensure that your interests are protected.

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TOTAL BODY FORMULA AND TOTAL BODY MEGA FORMULA RECALLED

Total Body Formula and Total Body Mega Formula dietary supplements were recalled because they have been reported to contain hazardous amounts of selenium and chromium. A Pennsylvania Department of Health April 14, 2008 Press Release warned consumers not to use these products because selenium and chromium are needed only in small amounts for good health.

Severe adverse reactions have been reported, including nausea, vomiting and diarrhea, muscle cramps, joint pain and fatigue. These symptoms can be followed by significant hair loss, nail brittleness and neurological abnormalities, such as numbness and other odd sensations in the hands, arms, legs or feet, as well as kidney and liver dysfunction.

Total Body Formula in 8 and 32-ounce bottles (in tropical orange and peach nectar flavors) and Total Body Mega Formula in 32-ounce bottles (in orange/tangerine flavor) have been voluntarily recalled by Total Body Essential Nutrition based in Atlanta, Georgia. Total Body Formula is marketed as a “powerful combination of Vitamins, Colloidal Minerals, Amino Acids, Essential Fatty Acids and Antioxidants scientifically designed in a great tasting liquid formula to meet today’s nutritional requirements for maintaining energy and sustaining health.”

Consumers who have been using Total Body Formula and/or Total Body Mega Formula and have experienced adverse reactions should consult their health care professional or their local poison control center. The FDA is advising consumers in all states to stop using these products immediately.

For information about Total Body Formula and/or Total Body Mega Formula, call the FDA’s toll-free food safety hotline at 1-888-SAFEFOOD or online at www.fda.gov/medwatch/report.htm. In addition, all suspected cases of selenium poisoning should be reported to local, county health departments or state health centers.

If you have consumed Total Body Formula or Total Body Mega Formula and believe you have suffered from selenium poisoning or chromium poisoning, please use the form below for a free consultation.

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Title Insurance Overcharges on Home Refinances in Pennsylvania

Many people have refinanced their homes in the past few years. With low interest rates, it has been an opportune time for customers to take advantage of the market. However, when a person refinances their home in Pennsylvania, they are supposed to get discounts on certain fees associated with their mortgage.

For example, title insurers in Pennsylvania may only charge a specific, regulated rate for title insurance. When a consumer refinances their home, that rate is supposed to be discounted. However, many title insurance companies are not discounting their rate. Overcharging consumers on title fees for home refinances may be a violation of Pennsylvania law.

A recent lawsuit filed against Chicago Title Insurance Company (one of several members of Pennsylvania’s “Title Insurance Rating Bureau of Pennsylvania,” the group responsible for setting the state’s allowed rates) alleges similar overcharges in violation of state laws. The complaint contends that Chicago Title is supposed to give a 10-30% discount to people refinancing their home, but charges their full basic rate. The plaintiff is seeking a refund of the amount overcharged by Chicago Title.

Chicago Title may not be alone in overcharging for title insurance. If you have recently refinanced your home and you paid for title insurance as part of your loan, we may be able to help recover any overcharges you paid which exceed the allowed rate. To find out more, please contact us for a free consultation.

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Title Insurance Overcharges on Home Refinances

Many people have refinanced their homes in the past few years. With low interest rates, it has seemed to be an opportune time for customers to take advantage of the market. However, when a person refinances their home, many states require companies to lower their rates for fees associated with a home mortgage.

For example, title insurers in some states may only charge a specific, regulated rate for title insurance. When a consumer refinances their home, that rate may have to be discounted. However, many title insurance companies are not discounting their rate. Overcharging consumers on title fees for home refinances may be a violation of state laws.

A recent lawsuit filed in Pennsylvania against Chicago Title Insurance Company, a member of Pennsylvania’s “Title Insurance Rating Bureau of Pennsylvania,” alleges similar overcharges in violation of that state’s laws. The complaint contends that Chicago Title is supposed to give a 10-30% discount to people refinancing their home, but is instead charging their full basic rate.

Chicago Title may not be alone in overcharging for title insurance. If you have recently refinanced your home and you paid for title insurance as part of your loan, we may be able to help recover any overcharges you paid which exceed the allowed rate. To find out more, please contact us for a free consultation.

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Is Your Sony Receiver Having Problems Playing Blu-Ray Discs?

Sony receiver models STR-DE885 and STR-DE985 are supposed to play movies and CDs with a Dolby Digital signal. When movies on Blu-ray discs using Dolby Digital signal are played on these Sony receivers, the audio drops out.

Sony is aware of this problem, but does not plan to fix it.

We are attorneys investigating whether owners of Sony models STR-DE885 and STR-DE985 receivers may be entitled to recover damages because their receivers have problems playing Blu-ray discs.

If you own one of these Sony receivers, please contact us to discuss your situation. There will be no charge to you for this consultation.

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Have You Been Stranded by OnStar?

Based on a Federal Communications Commission (FCC) ruling taking effect now, cellular carriers are no longer required to support the analog cellular network. Although OnStar was aware as early as September 2001 that OnStar service should be transitioned to handle digital service, it continued to equip new GM vehicles with OnStar analog service. OnStar equipped 2004 and 2005 vehicles with analog only equipment that will no longer work as of January 1, 2008.

To get your OnStar to begin working again, you will have to pay OnStar extra money to upgrade to its digital network. Individuals with a current OnStar subscription will have to pay a $15 fee to upgrade to the digital network and must sign up for a one year Safe & Sound subscription at the cost of $199. Any vehicles with dual-mode service will not require an upgrade.

OnStar service was launched in 1996, using analog technology. OnStar claimed that it used analog technology because it had the “broadest geographic coverage of the available cellular network alternatives at the time.” OnStar also asserted that this “technology helped ensure that, if an airbag deployed in the U.S. or Canada, the vehicle would be connected using the cellular network with the largest geographical coverage available.” This service has been discontinued for persons who purchased 2004 and 2005 GM vehicles with analog only OnStar equipment.

If you own a 2004 or 2005 model year GM vehicle equipped with OnStar analog service and your OnStar service was discontinued as of January 1, 2008, please use the form below to contact us.

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Provigil® (Modafinil) Linked to Serious Skin Reactions

Provigil® (Modafinil): The FDA has been monitoring cases of serious skin reactions, including erythema multiforme (EM), Stevens Johnson Syndrome (SJS), and toxic epidermal necrolysis (TEN) in its postmarketing reviews of adverse event reports associated with the use of modafinil (marketed as Provigil®), which has been available since 1998. Modafinil is a memory-improving and mood-brightening psychostimulant used to treat patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea/hypopnea syndrome, and shift work sleep disorder.

If you or someone you know has taken Provigil® (Modafinil) and experienced serious skin reactions such as Stevens Johnson Syndrome (SJS) or toxic epidermal necrolysis (TEN), please use this form below to contact our law firm.

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Meridia® Lawyer

Our law firm is currently investigating claims involving serious side effects and death involving the weight-loss drug Meridia®. Meridia® (also sibutramine) is a popular diet drug manufactured by Abbott Laboratories. It is sold as a capsule that is taken orally.

Prior to its approval in 1997, the FDA advisory committee had voted five to four that the benefits associated with Meridia® did not outweigh the risks associated with it. The reason given by the board was a significant elevation of both blood pressure and of heart rate in patients taking Meridia®. According to the French medical journal, Prescrire International, "Sibutramine… has amphetamine-like side effects." In later figures, the average weight-loss exhibited patients on Meridia® after one year was only 6.5 pounds (those taking the 10 mg dose) versus those taking placebo.

Between February 1998 and September 2001 the FDA had received 397 reports of serious adverse reactions to Meridia® with 29 deaths and 152 hospitalizations. In March of 2002 the consumer advocacy group Public Citizen submitted a petition to the FDA asking for Meridia® to be banned. In its findings since then, the group has found an additional 30 deaths attributable to Meridia®.

People Who Should not Take Meridia®

A person cannot take Meridia® if he or she is taking a prescription drug that falls in a group of drugs called monoamine oxidase inhibitors (MAOIs), which are used to treat depression or Parkinson’s disease. Meridia® also cannot be taken if patients have anorexia nervosa, are taking other weight loss medications that act on the brain, or are sensitive to any of the ingredients of Meridia®.

Meridia® should not be used in patients with a history of coronary artery disease, arrhythmias, congestive heart failure, hypertension or stroke. This medication substantially increases blood pressure in some patients, which monitoring of blood pressure is required.

Common Side Effects of Meridia®

Common side effects of Meridia® include headache, dry mouth, anorexia, constipation, and insomnia. Meridia® is a controlled substance, which means it could result in dependency. Patients being treated with this medication should see their doctor for regular follow-up visits to monitor blood pressure and heart rate.

Health Concerns Regarding Meridia®

March 2002 – Public Citizen Group submitted a petition to the Department of Health and Human Services (HHS), to which the FDA reports, asking that Meridia® be removed from the market because of doubts about its safety.

  • Meridia® had been involved in 29 deaths (19 heart related) and hundreds of other negative reactions between February 1998 and September 2001.
  • In the petition, Public Citizen alleged that of the 397 serious adverse reactions reported to the FDA since Meridia® was approved, 152 required hospitalization (143 of those due to irregular heartbeats)
  • The group pointed out that the Ministry of Health in Italy had just suspended sales of the drug because of 2 deaths there, and its safety was being reviewed by other countries

On May 21, 2002, Public Citizen released that it had examined the FDA inspection report of one of the Abbott factories. They claim to have found 1 death associated with Meridia® that had not been reported to the FDA and 7 other deaths were inaccurate or incompletely filed. They called for criminal charges to be pressed against Abbott for illegally withholding information regarding deaths and negative side effects of Meridia® patients. On July 19, 2002 the FDA issued a formal warning letter to Abbott, concerning delays in reporting adverse drug events.

On September 3, 2003, Public Citizen submitted an updated petition to the FDA, stating its position that Meridia® should be banned from the market. They updated the number of cardiovascular deaths among patients using Meridia® to 49.

If you believe that you or a relative were injured by taking Meridia® please use the form below to contact our law firm.

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