(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, and you need look no further than the special verdict form, which defines what we need to prove.
• And that says: Did plaintiffs prove by a preponderance of the evidence their claim that LSW fraudulently concealed from class members that the interaction between S&P 500 volatility and the design of the LSW policies could lead the policies to lapse or suffer reduced value?

That isn't what we need to prove.

This is what we need to prove.

• The evidence is very clear that they knew this because the nature of volatility is that it creates risk.
• That is exactly what the case is about.
• That is what the problem is.

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