That's a big question many have asked for years. 2005: In this class action lawsuit, Pacific Life and its sales team were accused of securities fraud. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Please note: Top Class Actions is not a settlement The lawsuit seeks class-action status welcoming the possibility that the attorneys working for the plaintiffs can prove that PacLife's behavior in marketing a certain indexed universal life insurance policy violates the law and hurts many people across the United States. This argument makes no sense. Hi Stewart, I think your oversimplifying by categorizing the world as only having investments. Silverman also sold them two separate disabilities policies, as well as health insurance and long-term care insurance. DocketSummons (on Complaint); Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. In ruling on a demurrer, the court must liberally construe[] the allegations of the complaint. 2:2-3.) For those seeking out whole life insurance as a retirement option, Infinite Banking et. The issues in the suit go to the core of abusive IUL . U.S. District Courts . 05/16/2023 at 09:30 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial, 05/05/2023 at 09:30 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference, 11/17/2022 at 09:00 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery"), Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Pacific Life Insurance Company (Defendant), Declaration (of M. Lilly iso Motion to Compel Discovery); Filed by Pacific Life Insurance Company (Defendant), Case Management Statement; Filed by Daniel M Silverman (Defendant). . (Plaintiffs Memorandum of Points & Authorities, p. (2012) 209 Cal.App.4th 1228, 1238.). Consumers are accusing PacLife of violating consumer protection laws by deceiving their customers and failing to disclose the risks and fees associated with their PDX policies. Please review our Affiliate Link Disclosure for more information. 2 and No. Weaver did not disclose the terms of the loan or life insurance policy, but stated that the only circumstances under which they would have to make payments would be in the event of a multi-year stock market decline. 2021-04-28, Harris County District Courts | Contract | Weaver obtained financing from Wintrust Life Financial (Wintrust). It will also be interesting to see what, if any, future regulation comes about from this lawsuit. You can change these settings at any time. This is ClassAction.org's current list of open lawsuits and investigations. Plaintiffs Gary Marenzi, Rebecca Prange, Gregory Prange (as trustee of the Marenzi Insurance Trust No. strategy, or any other savings/wealth accumulation plan there are certainly shade of necessity for blending as a crucial component of the plan implementation. Contact our consumer fraud attorneys toll-free at (800) 254-9493 or fill out the form for a free and confidential consultation about your potential case. Pacific Asset Management, which now concentrates on corporate credit securities, was created. Rules of Court, rule 9.40, subds. SSEK Law Firm believes that filing your own individual FINRA arbitration claim, rather than joining a class action, increases your chances for maximum recovery. Inversely, when the market is not performing well, interest rates can be extremely low. When I spoke with him later he reviewed the process. We need to be part of this fraudulent sales class law suit. The lawsuit addressed their IUL product - PDX. (Complaint, 9.) Neither Weaver nor Silverman disclosed any risks of the proposed premium financing of the new insurance policies. (Id., 17.) According to the agreement, Pacific will pay $49.4 million to add to the value of existing policies, and offer another $32 million worth of insurance to members whose policies have expired. ), In approximately March 2016, Silverman became acquainted with Wayne L. Weaver (Weaver), who said he had a program that they could market to Silvermans client on which they could split the commissions paid by the insurers. . % We and our partners use cookies to Store and/or access information on a device. The exact amount that a policyholder can walk away with will vary depending on the surrender fees charged by their insurance provider. Ultimately, the blending discussion is one of simple suitability. Weaver represented that the cash value of their then-existing policies with MassMutual would be applied to the new policies to minimize the interest and collateral requirements. Harris County District Courts | Other | This is not a matter of failing to illustrate the worse case scenario as someone suggested. United Omaha shall provide notice and file proof of such with the Court. Circuit Judge Douglas Stephens in Covington approved the settlement--estimated to have a total value of close to $140 million when administrative fees and other costs are included--in a written order Thursday. Then, Wintrust required additional collateral, so Marenzi assigned a $130,000 annuity to Wintrust as collateral, which had tax consequences. Based upon the foregoing, the Court grants the motion and orders Plaintiffs to produce verified responses, without objections, within thirty (30) days, to the extent they have not done so already. An example of data being processed may be a unique identifier stored in a cookie. On or about November 11, 1997, Gary Marenzi established the Marenzi Insurance Trust Number One for the purposes of holding title to one or more life insurance policies on his life. Click Change Settings if you want to tailor the use of your cookies. Pacific Life refers to Pacific Life Insurance Company and its affiliates, including Pacific Life & Annuity Company. Founded in 1868, Pacific Life is an American insurance company with $191B in assets. 0:23-CV-00265 | 2023-02-02, U.S. District Courts | Labor | ), Finally, the Court cannot conclude that there is any overlap in the damages between the two sets of claims, as the allegations make clear that each set of damages stem from different transactions. The plaintiffs are alleging misleading marketing materials and excessive policy charges. Not Hollywood, not L.A., not the country, Davids Bridal files for bankruptcy protection, may close all stores, Vidiots returns: L.A. institution reveals opening date for new movie theater, video store, Stocks drift higher as earnings season kicks into gear, Quiet luxury: No flash, no logos, but big-time style. Notice (COURT ORDER RE NOTICE OF RELATED CASE); Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. Then, Plaintiffs discovered that, in fact, the United Omaha policy was not paid-up for 20 years, requiring them to pay $596,960 to maintain this policy for the full 20 years, per their original plan. Plaintiffs suggest that this creates an overlap in damages because they jury will have to determine whether the increased costs stem from United Omahas misrepresentations or as a cost to cover from PacLife and Lincoln. 0 They get a fat commission check and leave the policy underfunded, waiting to blow up in a few years. Pacific Life Insurance Company offers their own IUL policy known as the Pacific Discovery Xelerator (PDX) IUL. These costs may come in the form of surrender penalties deducted from the policys actual cash value. 3:23-CV-00124 | 2023-02-02, U.S. District Courts | Labor | I bought it because I was told the policy premium would NEVER INCREASE and would never be cancelled unless I didnt make my premium payments. This order does not preclude Plaintiffs from filing a separate case against United Omaha. I later notice about 2004 that the policy had cash value earned and I withdrew approximately $1200 to go on a trip not knowing they would deduct the amount from my $250,000 policy. Gwendalyn Douglass v. Reliant Life Shares LLC et al. Code of Civil Procedure section 379 permits joinder of defendants if there is: (1) Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions, and (2) [I]f any question of law or fact common to all of these persons will arise in the action. (Code Civ. Plaintiff alleges the following on information and belief, except for those allegations relating to Plaintiff, which are alleged on personal knowledge. drug injury lawsuits and product liability lawsuits. Since the early 1990s, Gary Marenzi and Rebecca Prange have relied on Daniel M. Silverman (Silverman) as their financial advisor and life insurance agent. The firm became a mutual life company owned by its shareholders. But, even more, it is your self-respect and commitment to your position that I admire and your persistent patience-your equanimity. View Top 10 List He was very patient, and I never felt rushed. PacLifes counsel shall provide notice and file proof of such with the Court. Continue with Recommended Cookies, In August of this year, two California residents filed a lawsuit against the Pacific Life Insurance Company alleging:if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'theinsuranceproblog_com-medrectangle-3','ezslot_4',144,'0','0'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-medrectangle-3-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'theinsuranceproblog_com-medrectangle-3','ezslot_5',144,'0','1'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-medrectangle-3-0_1');.medrectangle-3-multi-144{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:50px;padding:0;text-align:center!important}. (Id., 27.) If you make a purchase using endstream endobj startxref This website is not intended for viewing or usage by European Union citizens. ), It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint. (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) Weaver also misrepresented that the policies would have sufficient values to offset any loan interest and collateral requirements, assuming there was not a multi-year decline in the stock market. (Ibid.) The complaint does allege specific wrong-doing on the behalf of agent Xu. In fact, the policies required that both Gary Marenzi and Rebecca Prange to have received an underwriting rate class of standard non-smoker or better. ", "Good intelligent attorneys who never miss a beat. DocketProof of Personal Service; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. On June 28, 2001, Rebecca Prange established the Marenzi Insurance Trust Number Two for the purpose of holding title to one or more life insurance policies on her life. Pacific Life also holds the mortgage on the hotel, which totaled $122.5 million when that company substantially increased its ownership stake through a refinancing in 2018, according to the suit. 908 0 obj <> endobj The mere fact that both sets of claims may involve the same legal issue does not excuse Plaintiffs from this requirement. If you purchased a PacLife PDX Policy and are not satisfied with how your policy has performed, you may be entitled to compensation for yourself and for other policy owners by joining this Pacific Life Insurance class action lawsuit. It will also be interesting to see what happens with the agent Tiffant Xu and her insurance agency. Were not defending the product, the company, or anyone involved in selling it. Again, Plaintiffs ignore their own allegations: The contract with United Omaha was only 20 years, so their claims against United Omaha do not stretch beyond the 20-year period of the contract. 2017-09-20, U.S. District Courts | Finance | They lent their friend a van. The plaintiffs are alleging misleading marketing materials and excessive policy charges. With respect to Gary Marenzi and Rebecca Prange, Weaver told Silverman that his program would enable these clients to obtain more life insurance with little or no out-of-pocket expenses because the cause value of their existing policies would be used for initial funding. document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); @2023 Top Class Actions. To request your free, no-obligation case assessment, call (800) 259-9010 or contact SSEK Law Firm online. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. (Ibid.) Having your own skilled securities lawyers fighting for your recovery and protecting your legal rights is integral. 2020: Pacific Life Insurance Company was the defendant in a class action securities fraud lawsuit. The moving party shall provide notice and file proof of such with the Court. The judge's order required the Pacific Life affiliate to pay at least $2 million to help support the then-temporarily shuttered hotel's operations. So PacLife could theoretically explain away its underperformance as variability in the market. However, my policy is a Universal Life Policy. This order is without prejudice to Plaintiffs filing a notice of related case and/or seeking reconsideration of this ruling if any defendant asserts a viable claim for offset. VS PACIFIC LIFE INSURANCE COMPANY, ET AL. The complaint mentions policy blending by noting that: PacLife offers agents higher commissionsup to three times higherto steer customers into a PDX Policy with all or a substantial portion of the face amount allocated to base coverage, even the policy charges would be far less under a blended structure. your claim status, claim form or questions about when payments are (Id., 19.) That is because these were already considered tax-deferred savings vehicles. The firm offers these investment products to persons, pension funds, and businesses. Blending exists as a way to manipulate a policy's design and augment the cash value achievable in the policy. The motion has been calendared for January 4, 2022, so Counsel seeks to advance that hearing. An IUL class action lawsuit investigation is underway to probe into allegations that people who purchased Indexed Universal Life (IUL) insurance policies were misled into expecting unrealistic rates of return that comes after insurance companies presented used fabricated and false illustrations in marketing literature and sales material. 1), and Wesley Prange (as trustee of the Marenzi Insurance Trust No. settlement administrator or your attorney for any updates regarding hhR#*ehtL&%v B:eE\NG j0:/%D'Zldh+)a,O/vJtDAMcY)tw~Y cOY 1avP Qb{!j$L8l=MPa"& cN0. %PDF-1.4 We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. The Court need not reach the remainder of United Omahas arguments. Counsel for Defendant Lincoln National Life Insurance Company has filed a motion for admission pro hac vice. The point in discussing blending was that the complaint brought it up in the context that the agents who sold the policy did not disclose to the client that there was an option to potentially make a better policy that had a lower cost versus a non-blended design. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Plaintiffs counsel constitutes an abuse of the discovery process, warranting sanctions. Agents who market life insurance as a savings vehicle, but fail to make use of blending have always ventured into territory that might one day be illegal, and this lawsuit might be the catalyst for that eventual discussion/reality. The lesson learned is that the life business is manned by mindless trolls who are easily brainwashed by the IMO masters. Strategy, or anyone involved in selling it ( PDX ) IUL payments are ( Id.,.. 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