Facts

Norma Hicks filed a class action against Liberty Bankers Life Insurance, The Legacy Group LLC, Standard Life Insurance Co. of Indiana, Richard Manuel, and Guggenheim Life and Annuity Co., related to defendants' allegedly unlawful practice. Guggenheim was the successor-in-interest of Standard Life.

PLAINTIFF'S CONTENTIONS:
Hicks, a senior citizen, claimed she purchased a deferred annuity for her husband, who was also a senior citizen. Hicks filed this class action on behalf of other senior citizens living in California. Plaintiff alleged that the deferred annuity contracts issued to California senior citizens did not comply with the disclosure requirements under California Insurance Code Sections 10127.10 and 10127.13, and violated California's unlawful competition law.

DEFENDANTS' CONTENTIONS:
Guggenheim filed a motion for summary judgment, or, alternatively, summary adjudication, arguing that they were entitled to judgment as a matter of law because it did not breach any provision of plaintiff's policy contract, plaintiff's claim was barred by an Indiana court's injunction, and, with respect to plaintiff's claim for violation of California's unfair competition law, plaintiff's claim fails because she failed to allege any injury.

Result

The court granted Guggenheim's motion for summary judgment.