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July 22, 2014

CDA Wealth Consulting v. Global One Re: Insurance Litigation

Who:   Plaintiffs:     CDA Wealth Consulting, LLC and Sheik “Abida” Khan

        Defendant:       Global One Financial, Inc. and American General Life Insurance Company

What:  This is the latest in our continuing series of life insurance alerts.  This case concerns a term life insurance policy, however, the complaint alleges that Plaintiffs believed they were obtaining a premium financed equity indexed universal life (EIUL) policy.  While an EIUL policy was not ultimately issued, this complaint nevertheless highlights litigation risks associated with EIUL products.

CDA Wealth Consulting, LLC (CDA Wealth) and Sheik “Abida” Khan (Khan) (collectively, Plaintiffs) filed an action against Global One Financial, Inc. (Global One) and American General Life Insurance Company (American General) (collectively, Defendants) arising from Defendants’ purported breach of contract and misrepresentations relating to a keyperson equity index universal life insurance policy.  According to the complaint, Plaintiffs submitted an application to American General for a keyperson equity index universal life insurance policy, financed by a premium financing arrangement between Global One and Plaintiffs.  Plaintiffs assert that one year after the policy was issued, they discovered that the policy “was amended and altered into a term policy without [their] consent, approval, or authority,” and that Global One had “unilaterally and improperly amended the subject Keyperson Life Insurance Policy from an Equity Index UL policy as Plaintiffs intended into a term life insurance policy, which was never agreed to or consented to by Plaintiffs.”  It is further alleged that “the policy’s base amount was changed to $12,338.00 with a 1.2 million term rider with an annual premium of $50,000 and a five year index with zero return.”  Plaintiffs allege that the original policy provided by American General did not have a term life insurance policy rider. 

According to the complaint, Plaintiffs sought to cancel the policy, but Global One informed them that the policy could not be cancelled without penalties.  Plaintiffs further allege that they surrendered the policy, but due to the Defendants’ breach of contract, they were required to treat the policy as a “Modified Endowment Contract, with its attendant negative tax consequences.” 

Plaintiffs assert causes of action for:  (1) breach of contract; (2) negligent misrepresentation; (3) intentional misrepresentation; (4) fraud; (5) rescission of contract; and (6) unfair competition in violation of California’s Business & Professional Code §§ 17200. Plaintiffs seek monetary damages in an amount equal to or in excess of $150,000, in addition to restitution, statutory penalties, disgorgement of profits, punitive damages, rescission of the policy, a determination that the premium finance arrangement was the product of fraud, attorneys’ fees, and costs.

Where:  United States District Court for the Central District of  California

When:  August 28, 2013

 

 

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About the Author

Partner

Stephen C. Baker is a nationally known litigator and a partner and a leader of the firm's Life Insurance & Annuities Practice Group.  He represents major insurance company groups in business litigation, regulatory, coverage and claims matters.  He serves both property and casualty and life, health and accident insurers.  For several life carriers and a BGA, he is national counsel for secondary market issues.  In his secondary market work, Steve advises insurers on exposures stemming from viaticals, life settlements, non-recourse premium financing and...

215-988-2769

About the Author

Katherine Villanueva, litigation, attorney, Drinker Biddle, law firm
Associate

Kate Villanueva is a litigator with experience representing clients in a variety of commercial disputes.  Kate works closely with clients to understand the clients’ business objectives and to achieve their goals cost-effectively and efficiently.  Over the course of her career, Kate has represented clients at the trial and appellate levels in state and federal courts nationwide.  Kate has handled many aspects of civil litigation and has extensive appellate experience, including participating in appellate arguments and drafting numerous petitions for certiorari in...

215-988-2535
Nolan B. Tully, life insurance, attorney, Drinker Biddle, law firm
Associate

Nolan B. Tully is an associate in the firm’s Life Insurance and Annuities Practice Group. Prior to joining the firm, Nolan worked as a law clerk for the Hon. Eduardo C. Robreno at the United States District Court for the Eastern District of Pennsylvania.  Nolan worked extensively on the administration of MDL-875, the asbestos products liability multi-district litigation assigned to Judge Robreno.

215-988-2975

About the Author

Robert J. Mancuso, Drinker Biddle Law Firm, Insurance Attorney
Associate

Robert J. Mancuso is an associate in the firm's Life Insurance & Annuities Practice Group.

In General. Bob earned his J.D., magna cum laude, from Duquesne University School of Law in 2010, where he served as the managing editor of the Duquesne Law Review and as a senior editor of theDuquesne Business Law Journal. During law school, Bob served as a law clerk at Drinker Biddle in the Life Insurance & Annuities Practice Group. He earned his B.A. from Colgate University in 2005. He also...

215-988-2876

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