Archive for January 2022
Deceptive 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…
Read MoreVolatility – Walker vs. LSW
Volatility – Walker v LSW Case 2:10-cv-09198-JVS-JDE Document 808 Filed 07/06/15 Page 108 of 229 (p14) – MR. BROSNAHAN: – Q : Are there other cash value policies out there in the marketplace such as traditional universal life and whole life? Dr. Patrick Brockett: – A: Yes, there are. MR. BROSNAHAN: – Q Do they…
Read MoreElizabeth MacGowan – Walker vs. LSW
Elizabeth MacGowan – Walker v LSW Elizabeth MacGowan – Vice President and Chief Life Product Officer at National Life DOC 264 – DECLARATION of Elizabeth MacGowan – Walker v LSW IUL as Retirement Income Q Would you agree that a policyholder can use an IUL policy through the use of loans and withdrawals to obtain tax-free…
Read MoreGrading – Walker vs. LSW
Grading – Walker v LSW (p11) – <Grading> – 32. In addition, an agent may change the specified accumulation rate up to four times, at whatever future intervals he or she selects, to reflect possible future changes in the S&P 500. So, for example, an agent may choose to generate an illustration showing what would…
Read MoreExhibits – Walker vs. LSW
Exhibits – Walker v LSW Exhibit 30 – Mr. Howlett’ s illustration 2014 0416 – DOC 809 – Trial Transcript – Walker v LSW – 236p (p157) – Bucket – <Trowbridge> / How the Policy Works – <WishList – Exhibit 632> DOC 265 – Filed 07/13/12 – DECLARATION OF JONATHAN A. SHAPIRO IN OPPOSITION TO PLAINTIFFS’…
Read MoreDOC 264 – DECLARATION of Elizabeth MacGowan – Walker vs. LSW
DOC 264 – Declaration of Elizabeth MacGowan – Walker v LSW Attachments: # 1 Exhibit A – (p13) – 37. …optional “sales presentation pages.” x – DOC 264-2 – # 2 Exhibit B – (p15) – 41. An example of an illustration that was generated with all of these additional reports is attached hereto as Exhibit…
Read MoreExpert Witnesses – Walker vs. LSW
Expert Witnesses – Walker v LSW (p199) – Expert Witnesses. He – Mr. Martens (Defense Attorney) He talked about Dr. Brockett’s assignment in this case. Dr. Brockett described this as a quibble, which is what it is, because if a lawyer hires an expert, obviously the expert knows that the lawyer wants him to investigate…
Read MoreSpecial Verdict Form – Walker vs. LSW
Special Verdict Form – Walker v LSW (p190) – He = Mr. Martens (Defendant Attorney) He told you that we need to prove that LSW knew Dr. Brockett’s lapse rates and Dr. Brockett’s reduced value rates, and that that was the level at which we needed to prove the case. But that is not true,…
Read MoreValues – Walker vs. LSW
Values – Walker v LSW (p185) – [Bonk: “a value” vs “the value” – MAC Charge] Then the monthly administrative charge. Again it’s disclosed that the values are not guaranteed except for those clearly labeled as guaranteed, and the monthly administrative charge is not clearly labeled. Mr. Brosnahan wants to say that’s on another page…
Read MoreOmissions – Walker vs. LSW
Omissions – Walker v LSW THE COURT: But we have the twist here that we are not dealing with express representations but, rather, alleged material omissions. MR. SHAPIRO: Certainly, Your Honor. This is a case that is being brought I think with the exception of the asterisk theory or the one-fee tag line exclusively on…
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