lsw

Judges – 201x – LC – Walker v LSW, Life Insurance Company of the Southwest THE COURT (Judge Selna): But you’re assuming that we have to have particularized expectations. If a fact would be material if disclosed, I think it gets around the necessity of what the individual expectations were. DOC 820 – Trial Transcript…

Q: What is this Case About? – Walker v LSW (p28-29) – Mr. Shapiro (Defense Attorney): It’s a disclosure case. What did you sell us and were you honest about it? 2011 0830 – DOC 104 – Discovery Conference – Transcript for proceedings – 130p (p23) – Mr. Shapiro (Defense Attorney): And on that basis, your…

Materiality – Walker v LSW We have alleged that failing to break out the fees is deceptive because they are material, and in addition, the partial representation that they made — or the misrepresentation that they made concerning one policy fee makes it deceptive in any event. (DOC 815, p39)

Insurance Code – Section 10509 – Insurance Costs / Illustrations – Walker v LSW There is no suggestion that Section 10509 says that you affirmatively do not have to break out the fees. We have alleged that failing to break out the fees is deceptive because they are material, and in addition, the partial representation…

Hidden Defect – Non-Guaranteed Elements – Walker v LSW 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…

Insurance Codes – Walker v LSW The costs are fully disclosed in both the illustration and the policy. The statute requires that the be so-called embedded….. <Statute 10509> (DOC 815, p29) Section 332 – put on notice of something that you need to inquire about. – (DOC 815, p20) Section 335 – quote, “all the…

Duty to Disclose – Walker v LSW (p12-13) Secondly, we believe it needs to be disclosed under Insurance Code Section 332, which creates a duty to disclose because it is a material fact which is known to LSW, and the plaintiffs have not the means of ascertaining. “Have not the means of ascertaining” is a…

Bonk – Walker v LSW Hidden Defect = Policy Mechanics, Non-guaranteed Elements, 2011 0214 – DOC 815 TRANSCRIPT for proceedings – Oral Argument – 41p (p12) material fact Overfunding – Guideline Premium / MEC Language on Illustration 2011 0214 – DOC 815 TRANSCRIPT for proceedings – Oral Argument – 41p (p21)

Deceptive Illustrations – Walker v LSW Deceptive (p4) – BROSNAHAN: What I would like to do process wise go through each of the four principal ways in which we allege that the illustrations are deceptive and in doing so address both the common-law fraud concealment claims and the fraudulent prong of the UCL, then move…

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…

Judges – Walker v LSW

Q: What is this Case About? – Walker v LSW

Materiality – Walker v LSW

Insurance Code – Section 10509 – Insurance Costs / Illustrations – Walker v LSW

Hidden Defect / Non-Guaranteed Elements – NGEs – Walker v LSW

Insurance Codes – Walker v LSW

Duty to Disclose – Walker v LSW

Bonk – Walker v LSW

Deceptive Illustrations – Walker v LSW

Volatility – Walker v LSW