Sales Practices & Market Conduct Litigation

Long-Term Care

Affirming district court's dismissal of long-term care class action. Alvarez v. Insurance Co. of North America, 313 F. App'x 465 (3d Cir. 2008).

Decertification of a class of long-term care insurance policy owners. Bradberry v. John Hancock Mutual Life Insurance Co., 222 F.R.D. 568 (W.D. Tenn. 2004).

Obtained a dismissal of a class action complaint seeking a declaration that guaranteed-renewable long-term care insurance policies issued for delivery outside of Florida transform into Florida policies once the policyholders move into the state; the policies gave Unum the ability to increase premiums for the next renewal period, as long as the premium increase is approved by the state office of insurance regulation. The plaintiffs contended that any rate increase approved outside of Florida and applied to Florida residents' policies after they relocate into Florida would be invalid. The appellate court affirmed. Mann v. Unum Life Insurance Co. of America, 139 So. 3d 895 (Fla. 2d DCA 2014).

Successful defense of attempted amendment of complaint to convert individual long-term disability ERISA claim to assert claims on behalf of three different classes. Smith v. Jefferson Pilot Financial Insurance Co., No. 1:07-cv-10228 (D. Mass. 2010).

Long-Term Disability

Summary judgment granted for insurer in ERISA class action challenging 24-month mental illness limitation on benefits. Doe v. Hartford Life & Accident Insurance Co., No. 2:05-cv-02512, 2008 WL 5400984 (D.N.J. Dec. 23, 2008).

Sales Practices – Vanishing Premium/Replacement

Claims as to replacement life insurance policies barred by earlier class action settlement and release. Adams v. Southern Farm Bureau Life Insurance Co., 493 F.3d 1276 (11th Cir. 2007).

Resolved class action through low six-figure settlement with clients of Alexander Hamilton Life agent who allegedly improperly replaced their permanent policies with universal life policies. Hallabrin v. Alexander Hamilton Life Insurance Co. (Jefferson Pilot Insurance Co.), No. 2:98-cv-75597 (D. Mich. 2009).

Defused effort to certify nationwide class of "vanishing premium" claims in sale of universal life contracts through individual policyholder settlement. Humphrey v. Allstate Life Insurance Co., Kudera v. Fehring (Jefferson Pilot Life Insurance Co.), No. 2:98-cv-00237 (E.D. Ky. 2000).

Resolved putative nationwide class action of vanishing premium claims on basis of individual settlement. McCord v. Minnesota Mutual Life Insurance Co., Parkhill v. Minnesota Mutual Life Insurance Co., Reese v. Aetna Life Insurance & Annuity Co., No. 8:00-cv-01343 (M.D. Fla. 2003).

Racial Discrimination

Affirming district court's denial of motion for certification of class of owners of 1.4 million industrial life policies. Thorn v. Jefferson-Pilot Life Insurance Co., 445 F.3d 311 (4th Cir. 2006).

Credit Cards

Defense and settlement of national payment posting class action with 155 million class members against credit card banks. Bettan v. American Bankers Insurance Group, Inc., Hernandez v. GE Capital Consumer Card Co., Nos. 00-4828 and 01-23566 (S.D. Fla. and Fla. Cir. Ct. 2003).

Executive Life Insurance Programs (§ 412(i)/§ 419)

Successfully petitioned the Judicial Panel on Multidistrict Litigation to establish this MDL proceeding in the U.S. District Court for the Northern District of Texas for claims against Indianapolis Life relating to the design, sale, and marketing of Indianapolis Life insurance policies used to fund employee benefit plans under §§ 412(i) and 419 of the Internal Revenue Code. Subsequently defended numerous actions consolidated in MDL 1983, securing dismissal with prejudice of numerous claims, including RICO, breach of contract, and fraud-based claims. In re Indianapolis Life Insurance Co. I.R.S. § 412(i) and § 419 Plans Life Insurance Marketing Litigation, 581 F. Supp. 2d 1364 (J.P.M.L. 2008).

Putative nationwide class action asserting fraud-based claims against Pacific Life relating to alleged misrepresentations and omissions regarding the validity and future tax consequences of Pacific Life's insurance policies and plaintiffs' § 412(i) plan. Defeated plaintiffs' fraud-based claims on three separate occasions, finally with prejudice on August 22, 2011. Zarrella v. Pacific Life Insurance Co., 755 F. Supp. 2d 1218 (S.D. Fla. 2010); 755 F. Supp. 2d 1231 (S.D. Fla. 2010); 809 F. Supp. 2d 1357 (S.D. Fla. 2011).

Claims Handling/Payment Practices

Class certification denied in action by insureds asserting improper claim handling practices. Hammett v. American Bankers Insurance Co. of Florida, 203 F.R.D. 690 (S.D. Fla. 2001).

Modal Premium

Successful enforcement of nationwide class action settlement by upholding a district court's order enjoining the plaintiff's state modal premium putative class action as barred and released by that settlement. Berardinelli v. General American Life Insurance Co. (In re General American Life Insurance Co. Sales Practices Litigation), 357 F.3d 800 (8th Cir. 2004).

Defense of putative class action alleging modal premium claims successfully resolved on an individual basis. Hurlocker v. MetLife Investors USA Insurance Co., No. 1:02-cv-2723 (N.M. Cir. Ct. 2004).

Successful defense of putative class action lawsuit alleging that the modal premium overcharges experienced by the plaintiff were typical of the modal overcharges suffered by the entire class and constituted a violation of an Illinois statutory fraud act. Tropp v. Western-Southern Life Insurance Co., 381 F.3d 591 (7th Cir. 2004).

Premium Rating

Decertification of class advancing statutory and common law claims relating to premium rating. Voyager Insurance Cos. v. Whitson, 867 So. 2d 1065 (Ala. 2003).

Telephone Consumer Protection Act

Obtained voluntary dismissal of TCPA class action. Green v. Time Insurance Co., No. 1:08-cv-00194 (N.D. Ill. 2009).

Denying motion to certify class action under the TCPA. Minniti v. Eilers, 302 F.R.D. 655 (S.D. Fla. 2014).