Dispute Resolution and Litigation Support

The failing TOLI policy crisis demonstrates negligence and a lapsed policy quantifies damages. TAC offers a TOLI dispute resolution and litigation support consultation service tailored for each client situation.

Engagement of our Second Opinion Consulting Service commences a two-tiered process. Tier one analyzes the TOLI policy and/or portfolio management process at issue. For instance, findings by our consultants of anything less than a properly documented product suitability determination and actuarially certified policy acceptance or management report for non-guaranteed policies may be deemed insufficient to withstand the rigors of litigation scrutiny.

Tier two, based on findings from tier one, expands our engagement to include analysis of discovery documents and the provision of expert opinion and testimony for deposition and litigation purposes (mediation, arbitration, and trial).

“Litigation often involves the adequacy of disclosure. Were important facts disclosed? Did the trustee misstate important facts? Was the beneficiary told about certain fees? When the disclosures are clear and conspicuous, receipt of the disclosures is acknowledged, preferably in writing, and there are multiple layers of disclosure, through periodic updating, institutions have a much better opportunity to defeat the claims at an earlier, less costly stage. Moreover, the existence of superior disclosure documents improves dramatically the opportunity to defeat a plaintiff’s request that the case be treated as a class action.” Advanced Litigation Risk Management for the Corporate Fiduciary, Trusts & Estates, Gregory B. Jordan, Perry A. Napolitano, and Roy W. Arnold, May 2001

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