Lawsuits - WishList

  • Any Agent Depositions
    • Blumenthal v New York Life
    • Walker v LSW
  • Any Expert Witness Depositions / Report
    • Fay v Aetna - Hager, Claire
  • 2016 - LR - Recent Trends in the Use of Surveys in Advertising Law Disputes; an Update on the Case Law, by Kenneth Plevan - 45p
    • <WishList - survey>  -  A survey was used in Fairbanks v. Farmers New World Life Insurance Co.85 to defeat a showing of materiality.
      • In that case, defendants relied on a survey commissioned by plaintiff’s counsel, in which 500 policyholders were asked if they would have purchased their policies had it been disclosed that the policies were not permanent.
      • A total of 47.4% of the respondents said they would still have purchased the policies.86
    • Citing the survey results, the court found that the materiality issue was subject to individual proof, and affirmed the lower court’s denial of class certification.87
  • 1997 1024 - WSJ - MONY Wins Dismissal of Suit Over 'Vanishing Premium' Policies, by Leslie Scism - [link]
    • ... in the MONY case, New York state judge Beatrice Shainswit found that, while thousands of consumers nationally "have been deeply aggrieved by what they perceive to be a grave injustice perpetrated upon them by the numerous insurance companies who contrived, and profited, from the "vanishing premium" concept," this "ill-conceived product" doesn't necessarily "equate to fraud, or any other actionable wrongdoing, which can be compensated for in a court of law."
      • ⇒  Her 29-page decision debunks key arguments in almost all of the suits. - <WishList = "29-page decision>
  • gmail - Legal Case - Finding Information - Goshen v Mutual Life Insurance
    • You may have some luck searching here: New York Official Reports Decisions (nycourts.gov) or here: Case Papers & Decisions Search (state.ny.us). I also suggest visiting your local public access law library, they will have access to subscription databases and librarians there can assist you with your search, Find your nearest law library here.
  • (p157) - Bucket - [Bonk: Trowbridge-?] / How the Policy Works - <WishList - Exhibit 632>
    • Q Mr. Cooper when he was providing this generic discussion of these insurance options, he actually talked to you about insurance mortality and expense charges; correct?
    • A I don't recall him talking about that.
    • Q Okay. Well, let's pull up Exhibit 632 which I believe is already in evidence. If we go to page 362 on the bottom. We've looked at this, what we call, the bucket diagram for lack of a better term.
      • Do you remember that?
    • A Yes, I do.
    • Q Did you look at this bucket diagram back in 2007?
    • A I looked at it briefly.
    • Q Did Mr. Cooper discuss this bucket diagram with you to help you understand how the policy worked?
    • A No. He was focusing on how the money would come out of the residence and go into this bucket, and out of this bucket would come money to fund the policy.  [Howlett]

2014 0416 – DOC 809 – Trial Transcript – Walker v LSW – 236p

  • - LC - Wood v William M. Mercer
    • Crown v Casteel