Adams v. Kansas City Life Insurance

192 F.R.D. 274, 2000 U.S. Dist. LEXIS 4685, 2000 WL 373964
CourtDistrict Court, W.D. Missouri
DecidedApril 4, 2000
DocketNo. 98-1053-CV-W-9-6
StatusPublished
Cited by22 cases

This text of 192 F.R.D. 274 (Adams v. Kansas City Life Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Kansas City Life Insurance, 192 F.R.D. 274, 2000 U.S. Dist. LEXIS 4685, 2000 WL 373964 (W.D. Mo. 2000).

Opinion

MEMORANDUM AND ORDER DENYING PLAINTIFF’S AMENDED MOTION FOR CLASS CERTIFICATION

SACHS, Senior District Judge.

Plaintiff Patricia A. Adams brings this diversity action individually, and on behalf of all others alleged to be similarly situated, against defendant Kansas City Life Insurance Company (KCL). She asserts various common law tort and contract claims in connection with KCL’s sale of a “vanishing premium” life insurance policy.

On February 7, 2000,1 granted in part and denied in part defendant’s Motion to Dismiss Plaintiffs First Amended Complaint. In my order, I dismissed plaintiffs fraud claim in Count I and her negligent misrepresentation claim in Count VII under Rule 12(b)(6), Federal Rules of Civil Procedure, for failure to state a claim upon which relief may be granted.1

. After a period of discovery plaintiff Adams moves for class certification on her remaining claims. Counsel have argued the motion.

FACTS

In 1986, insurance agent Frank Landi sold Joseph and Patricia Adams a Maximum Growth Plan (MGP) universal life policy issued by KCL with “vanishing premiums” and a $175,000 death benefit. Because the Adams couple were concerned about their ability to pay premiums following Joseph Adams’ retirement, Landi allegedly informed them that their policy would require annual premiums of $2,292 only until Joseph Adams reached 65, but with coverage continuing until age 95. Thus there would be a period of up to thirty years during which no premiums would be required.

This “vanishing premium” concept was memorialized in the Adams’ policy application, which provided: “Specified Amount: $175,-000. Planned Annual Premium: $2,292. Planned Payment Period: to 65. Planned Maturity Date: 95.” Pi’s Ex. 19.2 The con[276]*276cept was reinforced in sales materials such as “The Growth Plan Series Universal Life” brochure, which provided: “There’s even a fast pay schedule that allows you to eliminate premium payments in later years — the ‘vanishing premium’ concept.” Id. The Adams couple were also shown a computer-generated illustration which graphically depicted premium obligations disappearing when Joseph Adams turned 65.3 Further, it is claimed that “Landi repeatedly represented and assured Mrs. Adams that no further out-of-pocket premiums would be required once her husband Joe reached age 65.” Pi’s Sugg., at 6 (citing Adams Depo., at 106-08); see also Adams Depo., at 85 (“I remember him telling me I could be assured at age 65 there would be no more premiums.”).

Vanishing premium policies operate by applying the insured’s initial premium payments toward the costs of insurance, commissions, and various fees, while investing subsequent funds to accumulate cash value and generate an investment return designed to “pay” for the policy from the date on which premium obligations are designed to cease until the policy’s maturity date. Therefore, if the policy performs as planned, the insured receives an investment vehicle which ultimately provides “free” insurance during the policyholder’s retirement years.

Vanishing premium policies are, however, complex devices whose performance depends upon numerous sensitive variables, including interest, mortality rates, sales, and actuarial rates. Due to a variety of factors, most notably apparently the general decline in KCL’s interest income after 1986, the Adams’ MGP policy did not accumulate sufficient cash value to cover the Adams’ premium obligations past Joseph Adams’ retirement. As a result, the policy’s premium obligations did not vanish, and the Adams couple were informed in 1995 that they must pay annual premiums of $5,392.84 until Joseph Adams reached age 95 to maintain their policy. The reasons the policy did not perform as planned, or as promised, will be major issues in this lawsuit.

Plaintiff claims that KCL devised a fraudulent, sophisticated sales scheme to induce prospective policyholders to purchase vanishing premium plans that KCL knew would not perform as represented due to KCL’s use of “teaser rates” and manipulation of the actuarial assumptions on which the policy’s performance depended.4 KCL maintains that it did not “guarantee” premiums would vanish but rather offered potential policyholders a “plan” which did not materialize because of changing interest rates and low investment returns.

Plaintiff Adams moves for certification of a class comprising

[a]ll persons who, based on objective documentation, purchased a Maximum Growth Plan policy from Kansas City Life Insurance Company in which the planned payment period for out-of-pocket premiums is less than the planned maturity date as set forth in the policy application and/or in a policy illustration.

Pi’s Sugg., at 15.

DISCUSSION

A. Class Certification Requirements Under Rule 23.

To obtain class certification, plaintiff must satisfy the requirements of Rule 23, Federal Rules of Civil Procedure. While plaintiffs class certification motion must be subjected to “rigorous analysis,” see General Telephone Co. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982), this court has broad discretion in determining whether the prerequisites of Rule 23 have been satisfied. See Reiter v. Sonotone Corp., 442 U.S. 330, 345, 99 S.Ct. 2326, 60 L.Ed.2d 931 (1979).

Rule 23(a) requires plaintiff to demonstrate that

[277]*2771) the class is so numerous that joinder of all members is impracticable, 2) there are questions of law or fact common to the class, 3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and 4) the representative parties will fairly and adequately protect the interests of the class.

If the prerequisites of Rule 23(a) are met, plaintiff must also show the proposed class satisfies at least an alternative requirement of Rule 23(b). In this case, plaintiff contends the proposed class satisfies Rule 23(b)(3), which mandates that 1) common questions of law or fact predominate over issues affecting only individual members; and 2) class treatment of plaintiffs claims is superior to other available methods of fairly and efficiently adjudicating this case.

The predominance'requirement of Rule 23(b)(3) “tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation.” Amchem Prods. Inc. v. Windsor, 521 U.S. 591, 623, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). Predominance is satisfied “when there exists generalized evidence which proves or disproves an element on a simultaneous, class-wide basis, since such proof obviates the need to examine each class member’s individual position.” In re Potash Antitrust Litig., 159 F.R.D. 682, 693 (D.Minn.1995). Common issues must predominate in proving the cause of action as a whole to render class certification appropriate. See Cohn v. Massachusetts Mut.

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Bluebook (online)
192 F.R.D. 274, 2000 U.S. Dist. LEXIS 4685, 2000 WL 373964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-kansas-city-life-insurance-mowd-2000.