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.

Description: While tax-qualified products meet an existing demand in the long-term care market, the statutorily required language of Section 7702B can present challenges as claims are presented. Every day, claims professionals grapple with whether the facts of a claim constitute substantial assistance or a severe cognitive impairment. “Close call” claims decisions continue to increase as claims volumes rise across the long-term care insurance sector. This article analyzes the Section 7702B language, identifies potential pitfalls in administering claims made on tax-qualified policies, and illustrates how to avoid such pitfalls through hypothetical scenarios.