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Hidden 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…
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…
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