Walker, et al. v. Life Insurance Company of the Southwest
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA; CASE NO.: CV-10-9198-JVS (RNBx)
Class action litigation ("the Lawsuit") involving Life Insurance Company of the Southwest ("LSW" or "Defendant") was tried before Judge James V. Selna of the United States District Court for the Central District of California ("the Court"). The Plaintiffs alleged that LSW made certain misrepresentations and failed to disclose other material facts regarding the Policies. LSW denied all wrongdoing.
Trial in this case started on April 8, 2014 and concluded on April 25, 2014. A jury heard Plaintiffs' common-law fraud claims, and the Court heard Plaintiffs' claims under California's Unfair Competition Law ("UCL"). The jury found in favor of LSW on all of Plaintiffs' common-law fraud claims.
Following the jury trial, Plaintiffs and LSW submitted post-trial briefs regarding the remaining issues regarding Plaintiffs' UCL claims, to be decided by the Court. On April 14, 2015, the Court issued a ruling in favor of LSW as to all remaining claims not tried to the jury. A copy of the Court's ruling can be found on the "Case Documents" page.
Plaintiffs filed an appeal of the decisions by the jury and court to the United States Court of Appeals for the Ninth Circuit. Plaintiffs' appeal is supported by friend of the court briefs that were filed by the State of California and the California Insurance Commissioner, and by the Society of Financial Service Professionals. Copies of the Plaintiffs' Opening Brief and the supporting briefs are available on the "Case Documents" page.
On July 23, 2013, the Court approved a Class Notice reflecting that some, but not all, of the Plaintiffs' claims in the litigation had been certified to be tried as a class action. The Class Notice was mailed on August 19, 2013 to individuals identified by Defendant as members of the Class.
If you are a current or former LSW SecurePlus Provider or SecurePlus Paragon policyholder who resided in California at the time the Policy was issued and who purchased the Policy on or after September 24, 2006 ("the Class") this litigation may affect you.
If you fall within the Class definition, you had to decide whether to stay in the Class or ask to be excluded from the Class. If you decided to exclude yourself, you were required to submit a written request to exclude yourself that was postmarked no later than November 19, 2013.
If you fall within the Class definition and you did not ask to be excluded from the Class, you kept the possibility of receiving a share of any money or other benefits that may result from a trial or a settlement. However, you also gave up the right to file your own lawsuit against LSW regarding issues raised in the Lawsuit.
To learn more about the litigation and how your legal rights may be affected, you should read the Class Notice, view the answers to the Frequently Asked Questions, and review the other Case Documents provided on this website.