Walker v. LSW - Life Insurance Company of the Southwest

  • The fact that we charge people fees that we have disclosed and that fees reduce the value of your policy, and if your policy keeps reducing in value, it will lapse, is not a fraud.
    • That's common sense.
    • That's how life insurance works.  (p171) 

--  Closing Argument by Mr. Martens, Defendant Attorney - LSW

2014 0425 – DOC 813 – Trial Transcript – Day 12 – Walker v LSW – 224p

  • Walker v LSW - Consumer Survey Expert
  • Communication Gap, Judge Block, Discovery

 

  • 3:10-cv-04852
    • California Northern District
    • Date Opened: 10/26/2010 
    • Date Closed: 11/15/2010 - Transferred case to USDC-Central California
  •  10-cv-09198
    • California Central District Court
    • Date Filed: 12/01/2010-Date Closed: 06/08/2021
    • Judge James V. Selna
    • Judge John D. Early, referral
    • 2013 - Walker v. LIFE INSURANCE COMPANY OF THE SOUTHWEST. Dist. Court, CD California - [link-GoogleScholar]
    • 2015 - Walker v. LIFE INSURANCE COMPANY OF THE SOUTHWEST, Dist. Court, CD California, Google Scholar - [link-GoogleScholar]
  • 12-80217 - Docketed: 11/26/2012 Termed: 02/27/2013
  • 13-80143 - Docketed: 06/13/2013 Termed: 07/10/2013
  • 15-55809 / 0:2015cv55809 
    • 9th Circuit
    • 2017 - Walker v. LIFE INSURANCE COMPANY OF THE SOUTHWEST, Court of Appeals, 9th Circuit - Google Scholar - [link-GoogleScholar]
  • 19-55241 - 0:2019cv55241 
    • 9th Circuit Court
    • Docketed: 02/28/2019 Termed: 03/23/2020
    • Judges: Marsha S. Berzon, Richard C. Tallman, and Ryan D. Nelson
    • 2020 - Walker v LSW - Court of Appeals, 9th Circuit - Opinion - 25p 
  • Judicial
    • Judge Selna
    • Judge Block
  • Plaintiff
    • Brian Brosnahan - Plaintiff Attorney
    • Jacob N. Foster - Plaintiff Attorney
    • Dr. Patrick Lee Brockett - Plaintiff Expert  Witness
    • Joyce Walker - Policyholder
    • Kim Howlett - Policyholder
    • Spooner - Policyholder
    • Melody Juge - Melody Juge, a financial advisor with whom Ms. Walker consulted about her LSW policy and, thereafter, assisted in the preparation of the first complaint she submitted to LSW seeking a full refund. Apr. 17, 2014 Trial Tr. at 19:25 – 20:11; 128:4 – 24. (DOC 749, p2), also ref: DOC 812
  • Defendant
    • Jonathan Shapiro - Defendant Attorney
    • Sheryl Moore - Defendant Expert Witness
    • Mr. Sabatini - Defendant Expert Witness
    • James Lux
    • Craig Allen Smith - vice-president of strategic analysis and appointed actuary of National Life Group
    • Elizabeth MacGowan - Vice President and Chief Life Product Officer at National Life
    • Matthew Lawrence DeSantos. <LSW’s Senior Vice-President of Distribution and Business Development (himself a former insurance agent) - DOC 792 p27
    • Donna Morgan - Chief Compliance Officer for the Life Company Life Insurance Company of the Southwest, and National Life Insurance Company 
    • Michael Tivilini - primarily designing products, product design 
    • Mike Botkin - Agent
    • Jacob Cooper - Agent
    • Sean Covi - Agent
    • Jeffrey Stemler - Agent
  • 2014 0408-0425- Trial 
  • 2015 0415 - DOC 791 - ORDER REGARDING POST-JURY TRIAL UCL PROCEEDINGS, Judge Selna - 75p
  • 2015 0504 - DOC 793 - JUDGMENT by Judge James V. Selna. Accordingly, it is hereby ordered and decreed that: 1. Judgment is entered for defendant LSW, and against the class and individual Plaintiffs, with respect to each and every claim; (twdb) (Entered: 05/05/2015)
  • 05/29/2015 797 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Kim Bruce Howlett, Muriel Spooner, Joyce Walker
  • x-11/27/2018 1055 MINUTES OF Settlement Conference held before Magistrate Judge John D. Early: After four and a half hours of discussions the parties were unable to reach a settlement in this case. (hr) (Entered: 11/27/2018)
  • x-2021 0608 - Document 1112 - Filed & Entered: 06/08/2021 -  Judgment
  • LSW also disputes that any alleged misstatements or omissions caused any injury to Plaintiffs or members of the class.
    • Among other evidence, LSW will introduce evidence of surveys conducted on consumers demonstrating that the aspects of illustrations Plaintiffs challenge have no impact on consumer purchasing behavior.
    • Further, the evidence will show that Plaintiffs’ expert, Dr. Jason Abrevaya, lacks any credible basis to opine on the purported values of Plaintiffs’ and class members’ policies, or restitution, including but not limited to because his calculations are (contrary to his representations) based on a Simulation that is deeply flawed and inaccurate.

Case 2:10-cv-09198-JVS-JDE Document 1062 Filed 12/21/18 Page 9 of 16 Page ID #:46738 - FINAL PRETRIAL CONFERENCE ORDER

3. Plaintiffs failed to prove consumer expectations

  • That failure properly doomed Plaintiffs’ claim. See, e.g., Clemens, 534 F.3d at 1026 (proof of UCL fraud claim requires proof of consumer expectations by class-wide evidence: “a few isolated examples of actual deception,” “personal experience,” “personal assumptions,” and personal “expectations” of named plaintiffs are insufficient).
  • Plaintiffs can hardly complain about the court commenting on the absence of survey evidence— Plaintiffs’ own expert testified that, without a survey, he could not opine about consumer expectations. ER791 59:18-21.

2016 0208 - Walker et al v. Life Insurance Company of the Southwest - Case: 15-55809, 02/08/2016, Appellees Answering Brief, ID: 9858577, DktEntry: 42, Page 42 of 126 - 126p

  • Class
    • Class Certification
      • Decertification
    • Class wide proof
  • Rule 23 - Typicality
  • Rule 26 
  • Rule 50(a) motion.
  • Ascertainability
  • Fraudulent Concealment
    • Intent to Deceive
  • Offered for - Truth - Intent
  • Expectations
    • Benchmark
  • Lapse
    • Lapse accelerators
    • lapse probability
    • Lapse Prone
    • Lapse Propensity
    • Lapse Rates
    • Lapse Risk Statistics
    • Risk of lapse
    • Spiral
  • Defect
    • Defective, Defective Design
    • Theoretical Defect (D820)
    • Volatility Defect
  • Market
    • Efficient Market
    • Market Value
  • Structure, Policy Design,
  • Value
    • reduced value statistics;
    • Market Value
    • Instrinsic Value
  • Volatility
    • S&P volatility
  • Flesch Score
    • Defined Terms
  • ULMR v LIIMR
    • Non-guaranteed Elements
  • Defense
    • Crafty
    • Secret
  • Plaintiff
    • damages issue
    • defective design
    • design elements
    • pure omissions case

    • realistic retirement income

    • reduced value theory
    • Willingness to pay
  • Legal Words
    • Concealment
    • Duty to Read
    • Intend to Defraud
    • Reasonable Reliance
  • asset adequacy testing
    • Stochastic, Deterministic, NAIC

    • DOC 811 - Snippets - Trial Transcript - Day 9 - Walker v LSW - 228p - (Page 196) - Craig Smith

  • Witness
    • Expert 
    • Fact - DOC 805, p158
  • DOC 390 - Defendant Life Insurance Company of the Southwest’s Opposition to Plaintiffs’ Motion for Class Certification of New and Remaining Claims Relating to Current Basis Policy Values - 17p
  • DOC 676 - 2014 0404 - JOINT WITNESS TESTIMONY SUMMARIES filed by Plaintiffs Kim Bruce Howlett, Muriel Spooner, Joyce Walker. (Attachments: # 1 Exhibit A - Table of Objections, # 2 Exhibit B1 - Cooper Designated Transcript Pt 1, # 3 Exhibit B2 - Cooper Designated Transcript Pt 2, # 4 Exhibit B3 - Cooper Designated Transcript Pt 3)(Brosnahan, Brian) (Entered: 04/04/2014)
  • DOC 686 - 2014 0408 - Exhibit List Revised Joint Exhibit List Kim Bruce Howlett, Muriel Spooner, Joyce Walker.. (Brosnahan, Brian) (Entered: 04/08/2014)
  • DOC 748 - 2014 0422 - Joint Request for Ruling on Objections to Deposition of Donna Morgan Taken November 7, 2011 WITNESS TESTIMONY SUMMARIES filed by Plaintiffs Kim Bruce Howlett, Muriel Spooner, Joyce Walker. (Attachments: # 1 Exhibit A - Index to Designations and Objections, # 2 Exhibit B - Morgan Designated Deposition Transcript)(Brosnahan, Brian) (Entered: 04/22/2014)
  • DOC 773 - Walker v LSW - Plaintiffs’ Submission in Advance of Status Conference - 10p
  • DOC 794 - APPLICATION to the Clerk to Tax Costs against Plaintiffs All Plaintiffs filed by Defendant Life Insurance Company Of The Southwest. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2, # 5 Exhibit C-3, # 6 Exhibit C-4, # 7 Exhibit C-5, # 8 Exhibit C-6, # 9 Exhibit C-7, # 10 Exhibit C-8, # 11 Exhibit C-9, # 12 Exhibit C-10, # 13 Certificate of Service)(Shapiro, Jonathan) (Entered: 05/18/2015)
  • DOC 805 - The former Society of Actuaries president Anna Rappaport - p187 
  • 658 03/11/2014 PLAINTIFFS REPLY BRIEF in Support of Motion to Exclude Expert Reports and Testimony of Defendants' Expert Sheryl Moore Under Daubert Standards filed by Plaintiffs
  • 645 03/14/2014 NOTICE OF ERRATA Regarding Reply Brief In Support of Motion to Exclude Expert Reports and Testimony of Defendant's Expert Sheryl Moore Under Daubert Standards and Exhibit I to the Omnibus Reply Declaration of Brian P. Brosnahan in Support of Same filed by plaintiffs.
  • 644 03/14/2014 PLAINTIFFS' CORRECTED REPLY BRIEF in Support of Motion to Exclude Expert Reports and Testimony of Defendants' Expert Sheryl Moore Under Daubert Standards filed by Plaintiffs.
  • 642 03/14/2014 ORDER by Judge James V. Selna: granting {{620}} Application for Leave TO SEALCORRECTED REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS DAUBERT MOTIONSTO EXCLUDE EXPERT TESTIMONY OF SHERYL MOORE AND CORRECTED EXHIBIT I TO THEOMNIBUS REPLY DECLARATION OF BRIAN P. BROSNAHAN IN SUPPORT OF SAME. (twdb)

641  - 03/14/2014 - Plaintiffs' Updated Index of Moving Papers in Support of Daubert Motions and Motions in Limine filed by Plaintiffs Kim Bruce Howlett, Muriel Spooner, Joyce Walker re: Declaration (Motion related), {{527}}, MOTION IN LIMINE (1) to Exclude Ex-Post Evidence {{523}}, Reply (Motion related) {{609}}, Memorandum in Support of Motion, {{530}}, Objection/Opposition (Motion related) {{573}}, MOTION IN LIMINE to Exclude Expert Reports and Testimony of LSW's Expert Francis Sabatini {{521}}, Objection/Opposition (Motion related) {{578}}, MOTION IN LIMINE (3) to Exclude Testimony re NAIC Regulation Compliance {{525}}, Objection/Opposition (Motion related) {{577}}, MOTION IN LIMINE to Exclude Expert Reports and Testimony of LSW's Expert Sheryl Moore {{522}}, Objection/Opposition (Motion related) {{574}}, MOTION IN LIMINE (2) to Exclude Evidence re Optional Policy Riders {{524}}, Reply (Motion related) {{611}}, Declaration (Motion related), {{613}}, Objection/Opposition (Motion related) {{575}}, Declaration (non-motion), {{579}}, Objection/Opposition (Motion related) {{576}}, MOTION IN LIMINE (4) to Exclude Evidence re EFT {{526}}, Reply (Motion related) {{612}}, Reply (Motion related) {{610}}, Declaration (Motion related), {{528}}