Bowers v. Jefferson Pilot Financial Insurance

219 F.R.D. 578, 2004 U.S. Dist. LEXIS 4244, 2004 WL 237402
CourtDistrict Court, E.D. Michigan
DecidedJanuary 29, 2004
DocketNo. 01-71724
StatusPublished
Cited by11 cases

This text of 219 F.R.D. 578 (Bowers v. Jefferson Pilot Financial Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowers v. Jefferson Pilot Financial Insurance, 219 F.R.D. 578, 2004 U.S. Dist. LEXIS 4244, 2004 WL 237402 (E.D. Mich. 2004).

Opinion

OPINION

DUGGAN, District Judge.

On January 7, 2003, this Court granted Plaintiffs motion for class certification on the only remaining claim in this case: a breach of contract claim based on Plaintiffs belief that Defendant miscalculated the equity value under the terms of a life insurance policy. In that opinion this Court directed the parties to submit an order for entry consistent with the opinion. The parties failed to do so. On January 16, 2003, Defendant filed a Motion to Defer Entry of Class Certification Order. Among other things, Defendant argued that the Court’s opinion granting class certification failed to make the necessary choice of law determination and that substantial differences among the states’ laws with respect to contract interpretation would render this proposed nationwide class action unmanageable. A hearing was held on the motion to defer class certification on June 27, 2003.

Background

In the January 2003 opinion, this Court concluded that the prerequisites to a class [579]*579action set forth in Fed. R. Civ. P. 23(a) are satisfied with respect to the miscalculation of equity claim. The only remaining issue to be resolved is Defendant’s argument that the variations in state laws render this action unmanageable as a class action.1 Plaintiff believes that any choice of law difficulties are either speculative at this point in the litigation, or can be managed through the use of subclasses.

Briefing on the class certification issue has been extensive.2 At issue in this case is the interpretation of a portion of a life insurance policy. The policy language at issue reads:

Net Premium:
In Policy years one through ten, the Net Premium is equal to:
1. 94% of premiums received up to the Expense Premium shown on the Policy’s Schedule Page, plus
2. 98% of any premiums received in excess of the Expense Premium.
In all Policy Years after the Tenth Year, the Net Premium is Equal to 98% of all premium received.

Plaintiff believes that under this policy language, satisfaction of the Expense Premium is determined on a cumulative basis. If at any time during the first 10 years the premiums paid equal the Expense Premium, then the policy holder is entitled to a Net Premium of 98% of the premium paid every year thereafter. Defendant, however, believes that the satisfaction of the Expense Premium is determined annually. According to Defendant, during the first 10 years, the insured is entitled to the 98% rate only in the years in which the premium paid in that year satisfies the Expense Premium. Because Defendant used the annual approach, and not the cumulative approach, Plaintiff believes the death benefit she ultimately received was lower than what she was entitled to under the policy.

Discussion

Although the pending motion filed on January 16, 2003, by Defendant is entitled a Motion to Defer Class Certification, all of the briefs filed in support of and in opposition to this motion in actuality address the issue of whether or not the Court’s order of January 7, 2003, granting class certification was in error. In Defendant’s supplemental brief filed on July 28, 2003, Defendant “requests that this Court decline to enter an Order certifying a nationwide class of Hamilton life insurance policyholders.” (Def's Br. at 20).

In Plaintiffs brief in opposition to the motion to defer class certification filed February 3, 2003, Plaintiff acknowledges that in reality, Defendant’s motion is a motion for reconsideration: “Hamilton’s arguments ... represent a thinly-veiled motion for reconsideration which merely regurgitates Hamilton’s prior arguments.” (Pl.’s Br. at 10). Accordingly, the Court construes Defendant’s motion to defer class certification as a motion for reconsideration.

Motions for reconsideration are governed by E.D. Mich. LR 7.1(g) which provides: “The movant must not only demonstrate a palpable defect by which the court and the parties have been misled but also show that correcting the defect will result in a different disposition of the case.” Having reviewed the briefs in support of and in opposition to Defendant’s Motion to Defer Class Certification, this Court is satisfied that its opinion of January 7, 2003, contains a palpable defect and that “correcting the defect will result in a different disposition of the ease.” Specifically, this Court having re-examined the applicable law, is satisfied that the difficulties likely to be encountered in the management of this case are such that this action should not be certified as a class action. See Fed. R. Civ. P. 23(b)(3)(D).

At the hearing on June 27, Defense counsel argued that variations in state law with [580]*580respect to extrinsic evidence will make this class action unmanageable.3 Defense counsel acknowledged that the question of whether a contract is ambiguous is a question of law, but argued that there are some states that permit the introduction of extrinsic evidence to show the parties’ intent, even if the contract language is unambiguous. Defense counsel argued that the extrinsic evidence will vary among policy holders, rendering the case unmanageable.4

Plaintiff, on the other hand believes that this case is ideal for class certification because it is based on a breach of a standardized form policy. Plaintiff argues that when a standardized contract is at issue, the contract is to be interpreted uniformly. While there may be admissible extrinsic evidence common to the class, Plaintiff believes that extrinsic evidence such as oral communications between the agent and policyholder, and policyholders’ understanding of the provision at issue (see footnote 4 supra) would be inadmissible.

Defendant relies heavily on Adams v. Kansas City Life Ins. Co., 192 F.R.D. 274 (W.D.Mo.2000), arguing that that case is “almost on all fours with this.” (Hr’g Tr. at 21, 6/27/03). The Court agrees. In Adams, plaintiff sought class certification based on a breach of contract claim involving a “vanishing premium” life insurance policy. Plaintiffs breach of contract claim was based on the policy language itself,5 as well as written sales materials and oral representations by the insurance agent that the obligation to pay premiums would disappear when the insured reached age 65. Due to a variety of reasons, the obligation to pay the premiums did not disappear and plaintiff filed suit alleging breach of contract, among other claims.

In Adams, the court considered both parties’ interpretation of the disputed policy language and concluded that it would probably find the policy language to be ambiguous. The court stated that the vanishing premium breach of contract claim “could probably only be resolved by considering varying types of extrinsic evidence. By allowing extrinsic evidence of the parties’ dealings, the breach of contract claims become individualized and not reasonably susceptible to class action treatment.” Id. at 282. Plaintiff makes no attempt to distinguish Adams.

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219 F.R.D. 578, 2004 U.S. Dist. LEXIS 4244, 2004 WL 237402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-jefferson-pilot-financial-insurance-mied-2004.