Archive for January 2022
Costs of Lawsuit – Walker vs. LSW
Costs of Lawsuit – Walker v LSW (p73-74) – Defense: “over a million” = emails? MR. SHAPIRO: We’d have to have someone go back, restore the email, and restart the machinery. I get split it out ratably, that is, sort of divide it out. It’s cost us in terms of review something on the order…
Read MoreShapiro – Snippets – Walker vs. LSW
Shapiro – Walker v LSW (p67) – Policy = <“Standard Operating Procedure”> MR. BROSNAHAN: We’re not complaining that they didn’t give us the illus- — the buyer’s guide. We’re complaining that they didn’t reference the policy. They say they have a policy requiring that the buyer’s guide be given to the policyholder. But they don’t…
Read MoreJudges – Walker vs. LSW
Judges – 201x – LC – Walker v LSW, Life Insurance Company of the Southwest THE COURT (Judge Selna): But you’re assuming that we have to have particularized expectations. If a fact would be material if disclosed, I think it gets around the necessity of what the individual expectations were. DOC 820 – Trial Transcript…
Read MoreQ: What is this Case About? – Walker vs. LSW
Q: What is this Case About? – Walker v LSW (p28-29) – Mr. Shapiro (Defense Attorney): It’s a disclosure case. What did you sell us and were you honest about it? 2011 0830 – DOC 104 – Discovery Conference – Transcript for proceedings – 130p (p23) – Mr. Shapiro (Defense Attorney): And on that basis, your…
Read MoreMateriality – Walker vs. LSW
Materiality – Walker v LSW We have alleged that failing to break out the fees is deceptive because they are material, and in addition, the partial representation that they made — or the misrepresentation that they made concerning one policy fee makes it deceptive in any event. (DOC 815, p39)
Read MoreInsurance Code – Section 10509 – Insurance Costs / Illustrations – Walker vs. LSW
Insurance Code – Section 10509 – Insurance Costs / Illustrations – Walker v LSW There is no suggestion that Section 10509 says that you affirmatively do not have to break out the fees. We have alleged that failing to break out the fees is deceptive because they are material, and in addition, the partial representation…
Read MoreHidden Defect / Non-Guaranteed Elements – NGEs – Walker vs. LSW
Hidden Defect – Non-Guaranteed Elements – Walker v LSW DOC 815 TRANSCRIPT for proceedings held on 2/14/2011 – 41p (p11) – Brosnahan: I would like to move on to the non-guaranteed elements unless the Court has any questions. THE COURT: No. MR. BROSNAHAN: There are two aspects in which we contend that the illustrations were…
Read MoreInsurance Codes – Walker vs. LSW
Insurance Codes – Walker v LSW The costs are fully disclosed in both the illustration and the policy. The statute requires that the be so-called embedded….. <Statute 10509> (DOC 815, p29) Section 332 – put on notice of something that you need to inquire about. – (DOC 815, p20) Section 335 – quote, “all the…
Read MoreDuty to Disclose – Walker vs. LSW
Duty to Disclose – Walker v LSW (p12-13) Secondly, we believe it needs to be disclosed under Insurance Code Section 332, which creates a duty to disclose because it is a material fact which is known to LSW, and the plaintiffs have not the means of ascertaining. “Have not the means of ascertaining” is a…
Read MoreDeceptive Illustrations – Walker vs. LSW
Deceptive Illustrations – Walker v LSW Deceptive (p4) – BROSNAHAN: What I would like to do process wise go through each of the four principal ways in which we allege that the illustrations are deceptive and in doing so address both the common-law fraud concealment claims and the fraudulent prong of the UCL, then move…
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