Lee v. Allstate Life Insurance

838 N.E.2d 15, 361 Ill. App. 3d 970, 297 Ill. Dec. 528, 2005 Ill. App. LEXIS 995
CourtAppellate Court of Illinois
DecidedSeptember 29, 2005
Docket2-04-1260
StatusPublished
Cited by26 cases

This text of 838 N.E.2d 15 (Lee v. Allstate Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Allstate Life Insurance, 838 N.E.2d 15, 361 Ill. App. 3d 970, 297 Ill. Dec. 528, 2005 Ill. App. LEXIS 995 (Ill. Ct. App. 2005).

Opinion

JUSTICE BYRNE

delivered the opinion of the court:

In this interlocutory appeal, defendant, Allstate Life Insurance Company (Allstate), appeals the judgment of the circuit court of Kane County granting the motion of plaintiffs, Thomas L. Lee, Sr., Mary J. Moore, and Denny Calahan, for class certification of the policyholders whose universal life insurance policies issued by Allstate were subjected to an increased “cost of insurance” charge in 1992. Allstate contends that the trial court erred in certifying a nationwide class, because the extensive factual record demonstrates the need for individual hearings on a host of liability issues and because the claims of non-Illinois class members are governed by varying laws in 50 states and jurisdictions. For the following reasons, we affirm

FACTS

The record demonstrates that Allstate, which is headquartered in Northbrook, Illinois, issued about 450,000 universal life insurance policies in 50 states and jurisdictions before 1992. These policies contain a “cost of insurance” (COI) charge. The COI charge is one of the factors that determines how much money the policyholder must pay into the policy to maintain it and how much cash value accumulates in the policy. Allstate determines the COI rates used to calculate the COI charges by evaluating all of its costs and expenses in providing the benefits under its policies. The policies permit Allstate to change its COI rates. The policies state that the rates “will be determined by [Allstate], but they will never be more than the guaranteed rates described on Page 3.” The relevant COI provision states that the COI rates are “based on the insured’s sex, attained age, and payment class.” Allstate argued that it raised its COI rates in 1992 based on the foregoing provision.

In their one-count class action complaint for contract damages, plaintiffs filed the present action against Allstate on March 12, 2003. Plaintiffs’ complaint alleged that Allstate breached its contractual obligations by improperly increasing the COI rates on its life insurance policies in 1992. Specifically, plaintiffs alleged that Allstate failed to comply with the policy provision that requires Allstate to base the COI rates solely on the insured’s sex, attained age, and payment class. Plaintiffs further claimed that Allstate intentionally misled its policyholders regarding the justification for the COI increase. Plaintiffs alleged that Allstate raised the COI rates to increase profits and improperly recoup deferred acquisition costs on other life insurance products. In sum, plaintiffs alleged that Allstate unlawfully increased the COI charges on the policies of the proposed class of policyholders.

Plaintiffs sought to represent a class of approximately 450,000 persons who purchased Allstate universal life policies prior to April 1, 1992. Plaintiffs, individually and on behalf of all others similarly situated, filed a motion for class certification pursuant to section 2 — 801 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 801 (West 2002)). Plaintiffs contended that common questions of fact and law predominated because all of their claims involved a standard provision of the same type of Allstate policy and all of the questions revolved around one issue: was the practice of Allstate in determining COI rates on these policies a breach of the insurance contract?

In plaintiffs’ complaint, they set forth the following common questions of fact: (1) the determination of whether Allstate’s COI rate increase to pre-1992 policies violated the policy language that required Allstate to base rates upon the insured’s sex, attained age, and payment class; (2) the determination of whether Allstate used the subterfuge of an Internal Revenue Service (IRS) tax accounting change mandated by law to extract unlawful profits from its pre-1992 policyholders; (3) the determination of whether Allstate intentionally misled its policyholders in regard to the implementation of and basis for the COI rate increase; and (4) the determination of a proper and uniform methodology for the calculation of each policyholder’s damages.

Allstate raised a number of affirmative defenses to certification of the class, such as the voluntary payment doctrine, the statute of limitations, the need to introduce extrinsic evidence to explain the terms of the contract, that individualized issues predominating over common questions of fact and law required separate hearings, and conflict of law problems.

Allstate also introduced evidence that Congress changed the tax code provisions bearing on how insurers accounted for the expenses incurred in acquiring business. Allstate alleged that this resulted in an approximately $8 billion tax on insurers over five years. According to Allstate, this greater tax burden significantly increased Allstate’s cost of doing business, which in turn affected the actuarial assumptions giving rise to the current COI rates in Allstate’s universal life products. Allstate alleged that it reflected these changes by increasing its COI charges for its universal life policies, subject to the guaranteed maximum rates.

In its annual reports, Allstate sent its policyholders written notice of the COI rate increase during the 12 months beginning April 1, 1992, when the rate increase became effective. Allstate alleged that many of its agents spoke with their customers to explain the reasons for the increase, either in advance of the increase or after their customers received the written notice. Some of the agents explained that the increase was due to the tax change. Still other agents explained that the rate increase resulted from increases in Allstate’s underlying business expenses generally.

Plaintiffs submitted certain Allstate documents that demonstrated that the primary justification and motivation of the COI increase was to increase Allstate’s profits. These documents explained that the COI increase would not only cover “recent tax law changes” and increasing expenses but also would help improve “desired financial results” of after-tax net income. Plaintiffs also asserted that, although Allstate agents spoke with individual policyholders regarding the COI increase, it was undisputed that no Allstate agent told a single policyholder that Allstate was raising the COI rates to increase its profits, as plaintiffs alleged. Plaintiffs introduced internal memoranda from Allstate that tended to demonstrate that a concerted effort was made by Allstate’s corporate executives to withhold from its entire sales force that it increased the COI rates to increase its profits.

After thoroughly reviewing the record, the arguments, and the statutory prerequisites for the maintenance of a class action under section 2 — 801, the trial court concluded that plaintiffs’ complaint sufficiently alleged all four requirements for class certification. The trial court first found that plaintiffs’ class action breach of contract complaint was based on the allegation that Allstate breached its contractual obligation by improperly increasing the COI charges on its policies in 1992. The trial court noted Allstate’s defenses to the certification of the class and the breach of contract claim.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Korte & Luitjohan Contractors, Inc v. Erie Insurance Exchange
2022 IL App (5th) 210254-U (Appellate Court of Illinois, 2022)
Vivify Construction, LLC v. Nautilus Insurance Co.
2018 IL App (1st) 170192 (Appellate Court of Illinois, 2018)
Apex Medical Research, AMR, Inc. v. Arif
145 F. Supp. 3d 814 (N.D. Illinois, 2015)
The John T. Doyle Trust v. Country Mutual Insurance
2014 IL App (2d) 121238 (Appellate Court of Illinois, 2014)
Dennis Norem v. Lincoln Benefit Life Company
737 F.3d 1145 (Seventh Circuit, 2013)
State Farm Mutual Automobile Insurance Co. v. Rodriguez
2013 IL App (1st) 121388 (Appellate Court of Illinois, 2013)
S37 Management v. Advance Refrigeration Co.
961 N.E.2d 6 (Appellate Court of Illinois, 2011)
S37 Management v. Advance Refrigeration Company
2011 IL App (1st) 102496 (Appellate Court of Illinois, 2011)
Thompson v. Gordon
923 N.E.2d 808 (Appellate Court of Illinois, 2010)
Thompson v. Gordon - Supplemental Filed 02/03/10
923 N.E.2d 808 (Appellate Court of Illinois, 2009)
Ramirez v. MIDWAY MOVING AND STORAGE, INC.
880 N.E.2d 653 (Appellate Court of Illinois, 2007)
Siegel v. Shell Oil Co.
480 F. Supp. 2d 1034 (N.D. Illinois, 2007)
Smith v. Illinois Central Railroad Company
Illinois Supreme Court, 2006
Smith v. Illinois Central Railroad
860 N.E.2d 332 (Illinois Supreme Court, 2006)
Gallagher v. Lenart
854 N.E.2d 800 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
838 N.E.2d 15, 361 Ill. App. 3d 970, 297 Ill. Dec. 528, 2005 Ill. App. LEXIS 995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-allstate-life-insurance-illappct-2005.