Write a 100k IUL and another 900k a 30 year term policy. ), In 1998, Silverman sold Gary Marenzi a $2 million variable whole life insurance policy with Massachusetts Mutual Life Insurance Company (MassMutual), which Gregory Prange as the trustee of the Marenzi Insurance Trust Number One owned. hXmo6+D?9RJ^c; bg]-6QY$*79/;XH,M""6sa!0w=F@02E? BM86"387ot/gCN"-3Yl`z5=iA,~FK? Plaintiffs suggest that this creates an overlap in damages because they jury will have to determine whether the increased costs stem from United Omahas misrepresentations or as a cost to cover from PacLife and Lincoln. Pac Life Sued for Fraud in Class Action Over Deceptive IUL Sales To read the class action complaint (a MUST read), click on the following link: http://advisorshare.com/pac-life-class-action-pdx-iul I've been warning about Pac Life's PDX IUL policy for years. Over the years, our experienced investor lawyers have collectively recovered many millions of dollars on behalf of thousands of clients. An indexed life insurance policy is a special type of insurance with an interest rate directly linked to a market index, such as the S&P 500. drug injury lawsuits and product liability lawsuits. According to this suit, the insurance company routinely used false marketing when advertising their IUL PDX policies to prospective customers. Defendants Counsel shall provide notice and file proof of such with the Court. The lawsuit does not specify a monetary reward Hughes hopes to receive from Pacific, but it asks for a sum that would compensate Hughes for economic and non-economic losses, as well as attorney fees. Nevertheless, section 379 still requires claims arising out of the same transaction, or series of transactions or occurrences. (Code Civ. that reports on class action lawsuits, class action settlements, (Id., 19-21. Based upon Plaintiffs allegations, there would be no basis for any insurance company to seek an offset from another insurance company, since the allegations are discrete. 1), and Wesley Prange (as trustee of the Marenzi Insurance Trust No. My husband and I bought this package in two. We have handled more than thousand cases against hundreds of large and small brokerage firms, including against life insurance subsidiaries. 3:21-cv-01444-BHH Opinion and Order This matter is before the Court on Defendant Pacific Life Insurance Company's ("Pacific Life") motion to dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).1 (ECF No. (Id., 81.) However, they may be able to recover a portion of the policys cash value. (Ibid.) administrator or law firm. Notice of Posting of Jury Fees; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. The 2005 lawsuit (Id., 24.) (Ibid.) I'm not necessarily saying that was the circumstance in this specific case, but the complaint brought it up and itcould become a subject for further exploration among insurance regulators. In 2020, a California woman took legal action by filing a class action lawsuit against Pacific Life Insurance Company. The complaint does allege specific wrong-doing on the behalf of agent Xu. An example of data being processed may be a unique identifier stored in a cookie. Counsel is associated with Defendants counsel, who is licensed to practice in California. Latest cases where Pacific Life Insurance Company is a litigant. Click Change Settings if you want to tailor the use of your cookies. On 07/12/2022 STEVEN MUNZER filed an Other lawsuit against PACIFIC LIFE INSURANCE COMPANY. These costs may come in the form of surrender penalties deducted from the policys actual cash value. Not one of the facts of this case has anything to do with blending or worst case illustrations, because no worst case illustration ever contemplated this scenario. (Ibid.) (Id., 104. The trustee for these trusts is Wesley A. Prange. Consumers are accusing PacLife of violating consumer protection laws by deceiving their customers and failing to disclose the risks and fees associated with their PDX policies. This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant. (Perez v. Golden Empire Transit Dist. Recently, a class-action lawsuit was filed against Pacific Life regarding its popular and controversial PDX Index Universal Life (IUL) product. Harris County District Courts | Other | In 2005, Silverman sold Gary Marenzi a $2 million term life insurance policy from First Colony that included an option to convert the policy to a permanent one. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Nevertheless, the time period is different for each set of claims. Continue with Recommended Cookies, In August of this year, two California residents filed a lawsuit against the Pacific Life Insurance Company alleging:if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'theinsuranceproblog_com-medrectangle-3','ezslot_4',144,'0','0'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-medrectangle-3-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'theinsuranceproblog_com-medrectangle-3','ezslot_5',144,'0','1'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-medrectangle-3-0_1');.medrectangle-3-multi-144{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:50px;padding:0;text-align:center!important}. 05/16/2023 at 09:30 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial, 05/05/2023 at 09:30 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference, 11/17/2022 at 09:00 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery"), Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Pacific Life Insurance Company (Defendant), Declaration (of M. Lilly iso Motion to Compel Discovery); Filed by Pacific Life Insurance Company (Defendant), Case Management Statement; Filed by Daniel M Silverman (Defendant). Answer; Filed by TFP Funding Partners, LLC (Defendant); Wayne L Weaver (Defendant). (Id., 16.) Docketat 4:20 PM in Department 39, Stephen I. Goorvitch, Presiding; Court Order, DocketMinute Order ( (Court Order: NOTICE OF RELATED CASE)); Filed by Clerk. The plaintiffs are alleging misleading marketing materials and excessive policy charges. 2020: Pacific Life Insurance Company was the defendant in a class action securities fraud lawsuit. Do not miss the opportunity to let SSEK represent you. Parry has been involved in similar suits against other insurers, including Prudential, New York Life, TransAmerica and Sun Life. Allow me to explain. Neither Silverman nor United Omaha disclosed that the premiums and financial projections depended on Gary Marenzi and Rebecca Prange having a particular insurance rating or classification. That's a big question many have asked for years. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Not that I want to discount the plaintiffs' potential suffering, I simply feel that the evidence provided in the complaint falls short of proving wrongdoing. The plaintiffs allege that PacLife designed and marketed this product specifically to skirt the spirit of Actuarial Guideline 49 (AG49). PacLifes counsel shall provide notice and file proof of such with the Court. Gary Marenzi, et al. (Ibid.) These representations allegedly downplayed the costs and risks associated with the PDX indexed life insurance policies while overstating the potential interest gains. The old justification for the delusion (some would say fraud) of necessary capital accumulation from the public wore thin decades ago. the content you have visited before, Advertising: Gather personally identifiable information such as name and location, Advertising: Use information for tailored advertising with third parties, Advertising: Allow you to connect to social sites, Advertising: Identify device you are using. Then, Plaintiffs discovered that, in fact, the United Omaha policy was not paid-up for 20 years, requiring them to pay $596,960 to maintain this policy for the full 20 years, per their original plan. GARY MARENZI, ET AL. Union Pacific faces wave of lawsuits. 6?7$c+i)J"@hXR\1. Therefore, the Court sustains United Omahas demurrer on this basis. The crux of the complaint is both technical as well as . Originally called Pacific Mutual Life, in 1997, the company changed its name to Pacific Life Insurance Company (PLIC) and adopted the humpback whale as its logo. But that application usually applies to whole life insurance. (Id., 11.) % (Complaint, 9.) A class action lawsuit filed in California against Pacific Life Insurance Company (PacLife) challenges its sales and marketing representations. Please let me know as soon as possible. Code of Civil Procedure section 379 permits joinder of defendants if there is: (1) Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions, and (2) [I]f any question of law or fact common to all of these persons will arise in the action. (Code Civ. ANTHONY ALAIMO, Senior District Judge . Plaintiffs argue that there will be a common legal question, viz., whether the insurance companies are liable for misrepresentations or omissions, or negligence, by Silverman. However, this can result in some functions no longer being available. at 4:20 PM in Department 39, Stephen I. Goorvitch, Presiding; Court Order, Minute Order ( (Court Order: NOTICE OF RELATED CASE)); Filed by Clerk. Neither Weaver nor Silverman disclosed any risks of the proposed premium financing of the new insurance policies. How, you ask? This blog has done nothing to educate anybody. Counsel has not appeared pro hac vice in California in the past two years. Fill out the contact form or call us at (800) 259-9010 to schedule your free consultation. The lawsuit alleged, among other things, that Pacific representatives told potential customers that a single payment would cover all premiums, that it sold life-insurance policies as investments, and that it replaced or rolled over certain policies without policy-holders knowledge. ), It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint. (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) This was an aside because, to my knowledge, this is the first time a complaint filed spoke to blending as under the suggestion that the agent(s) broker their duty to the client (fiduciary or otherwise) because they did not use this method of policy design. The mere fact that both sets of claims may involve the same legal issue does not excuse Plaintiffs from this requirement. Misleading PacLife IUL Marketing Could Lead to Policy Surrender, GE Capital Assurance universal life price hikes may be unlawful and excessive, Creditor and debt collector calls class action lawsuit investigation, Essential: Remember your cookie permission setting, Essential: Gather information you input into a contact forms, newsletter and other forms across all pages, Essential: Keep track of what you input in a shopping cart, Essential: Authenticate that you are logged into your user account, Essential: Remember language version you selected, Functionality: Remember social media settings, Functionality: Remember selected region and country, Analytics: Keep track of your visited pages and interaction taken, Analytics: Keep track about your location and region based on your IP number, Analytics: Keep track of the time spent on each page, Analytics: Increase the data quality of the statistics functions, Advertising: Tailor information and advertising to your interests based on e.g. Plaintiffs, David J. Nelson and Samuel Cooper, filed the above-captioned case against Defendants, Pacific Life Insurance Company and Pacific Life Distributors, Inc. (collectively, "Pacific Life"), pursuant to the Securities and Exchange Act of 1934 (the "Exchange Act"), codified in pertinent part at 15 U.S.C. Unfortunately, misleading representations about the costs and risks of a IUL policy can have significant consequences. Not blending in an IUL is more devastating than in whole life. This order is without prejudice to Plaintiffs filing a new case against United Omaha based upon the second set of claims. 78aa, 78j(b), 78t, and 78cc(b), and Rule . This lawsuit was filed on behalf of Californians who purchased Pacific Discovery Xelerator IUL life insurance policies. Learn More Pacific Life Insurance Co. of Newport Beach has agreed to pay more than $115 million to settle a class-action lawsuit claiming it cheated customers over 15 years by lying about its policies. For information on deleting the cookies, please consult your browsers help function. The first policy was issued to the founder. We might speculate on future scenarios using math equations, but thats all they are speculations. Based upon the foregoing, the Court grants the motion and orders Plaintiffs to produce verified responses, without objections, within thirty (30) days, to the extent they have not done so already. The case status is Not Classified By Court. This lawsuit was filed on behalf of Californians who purchased Pacific Discovery Xelerator IUL life insurance policies. Not include any confidential or sensitive information in a contact form or call us at ( 800 ) 259-9010 schedule. Controversial PDX Index Universal Life ( IUL ) product big question many have asked years! And small brokerage firms, including against Life insurance policies term policy policies to prospective customers consultation! 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