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Fraud
Elder Abuse

Joyce Goertzen v. Great American Life Insurance Company

Published: Dec. 1, 2017 | Result Date: Nov. 6, 2017 |

Case number: 4:16-cv-00240-YGR Settlement –  $1,347,323

Judge

Yvonne Gonzalez Rogers

Mediator

Ronald M. Sabraw

Court

USDC Northern District of California


Attorneys

Plaintiff

Michael A. Levy
(Evans Law Firm Inc. )

Ingrid M. Evans
(Evans Law Firm Inc.)


Defendant

Thomas A. Evans
(Alston & Bird LLP )

Rachel Adi Naor
(Alston & Bird LLP )

Robert D. Phillips Jr.
(Alston & Bird LLP)


Facts

A class action lawsuit was filed against Great American Life Insurance Co. after certain deferred annuity products were sold to different individuals.

Contentions

PLAINTIFFS' CONTENTIONS: Great American violated Business and Professions Code Section 17200 (the Unfair Competition Law). In addition, Great American violated California Welfare & Institutions Code Section 15600, also known as the Elder Abuse Statute. Further, with regard to multiple contracts it issued out to persons above the age of 60, surrender charges were not disclosed properly on the face page of said contracts, or the "free look" Insurance Code disclosure.

DEFENDANT'S CONTENTIONS: Great American contended that the allegations against it were false. The annuity products it issues are lawful, and further, that the plaintiffs received notice regarding surrender charges adequately. Further, the allegations against Great American aren't sustainable under law, nor did the plaintiffs state a cause of action. At trial, the plaintiffs would not be able to prove the elements as to their causes of action. A motion for summary judgment was filed by Great American. The parties subsequently mediated the dispute.

Result

The parties settled during mediation for $1,347,323.


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