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 have volatility?
  • Dr. Patrick Brockett: - A No, they do not.

2014 0415 – DOC 808 – Trial Transcript – Walker v LSW – 229p

  • 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 deceptive with regard to the non-guaranteed elements.
    • Both of these theories relate to what we consider to be hidden defects in the structure of these policies.
    • Now, first, with regard to the volatility issue, we allege that these policies suffer from a material risk that is not disclosed because large fees are deducted from the policy in both good times and bad, whether the S&P 500