Since the ruling, the plaintiffs filed a new complaint arguing that the insurance company did not follow the illustration statutes according to California’s UCL.
The ensuing judgment handed down by the U.S. Court of Appeals for the Ninth Circuit was largely positive for the insurance industry, with the plaintiffs coming out on top in only two of the purported violations, and the insurer gaining a favorable outcome on three issues.
Williams suggests that insurers and advisors conduct a thorough review of materials to ensure compliance with state and federal statutes and regulations, particularly with respect to illustrations, and avoid any further litigation.
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