Description: From past to present, this article discusses what has happened in rate increase litigation, and how we got to where we are now. The article also discusses a possible "future" wave of rate increase litigation for insurers and counsel to be aware of as they move forward with rate increases in the future.

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Description: The last decade or more has proven that premium rate increases are necessary to maintain the integrity of most blocks of LTCi policies. Along with those rate increases, carriers have offered and regulators have approved an evolving menu of rate increase mitigation options for policyholders that do not wish to pay the increased rate. Recently, carriers and regulators have become more and more innovative in the rate increase mitigation options that they have presented to regulators. This article will discuss both the common and creative options that carriers are offering their insureds in the event of rate increases, including policy buys out, adjustments to coverage levels, and enhanced non-forfeiture options.