Consumer Fraud Litigation

Protecting consumers against fraud.

While unfair business practices targeting unsuspecting consumers are nothing new, BR&B’s creative approach to protecting consumer rights helps hold these companies accountable. From protecting purchasers of annuity contracts to defending the rights of mutual insurance policyholder-owners, we have successfully prosecuted cases on behalf of consumers in state and federal courts across the country.

"Senior Annuity" Cases

BR&B’s broad class action experience includes so-called “Senior Annuity” cases specifically seeking remedies on behalf of our Nation’s elderly.    Serving as a co-lead counsel and participating in the Senior Annuity case prosecution groups, BR&B and other counsel achieved settlements valued in the aggregate between $552 million and $1.273 billion, against insurance companies including Allianz, National Western, Midland, American Equity, and AIG, asserting claims under consumer protection and elder abuse statutes and the Racketeer Influenced and Corrupt Organizations Act.

Allied Mutual Litigation

BR&B represented Allied Mutual policyholders in a case against Nationwide Mutual Insurance Company in connection with the November 1998 merger of the companies.  Until the merger, Allied Mutual Insurance Company was an Iowa mutual insurance company owned by its policyholders.  In the case brought on behalf of Allied Mutual policyholders, BR&B alleged that Allied Mutual’s management, for its own benefit, intentionally interfered with certain policyholder ownership rights by entering into a series of transactions that improperly transferred substantial assets from Allied Mutual to its subsidiary.  After more than seven years of litigation, including seven appeals to the Iowa Supreme Court, Nationwide agreed to pay a minimum of $128.5 million to Allied Mutual policyholders to settle the case.

 

Senior Annuity Cases

BR&B has achieved significant recoveries on behalf of class members in "Senior Annuity" cases, including:

  • Negrete. et al. v. Allianz Life Insurance Company of North America, Case No. 05-cv-06838-CAS-MAN (C.D. Cal.), resulted in a claims-made settlement valued between $251 million and $971 million;
  • In re American Equity Annuity Practices and Sales Litigation, Case No. 2:05-cv-06735-CAS-MAN (C.D. Cal.), resulted in a settlement valued at approximately $129 million;
  • Rand v. American National Insurance Co., Case No.  3:09-cv-0639-WDB (N.D. Cal.), resulted in a settlement valued at more than $9 million;
  • Negrete, et al. v. Fidelity and Guaranty Life Insurance Company, Case No.  2:05-cv-06837-CAS-MAN (C.D. Cal), resulted in a settlement valued at approximately $52.7 million;
  • Meadows v. Jackson National Life Insurance Co., Case No.  4:12-cv-1380-CW (N.D. Cal), resulted in a settlement valued at more than $11.2 million;
  • Midland National Life Insurance Co Annuity Sales Practices Litigation, Case No. 2:07-ml-01825-CAS-MAN (C.D. Cal.), resulted in a settlement valued at $79.5 million; and
  • In re National Western Life Insurance Deferred Annuities Litigation, Case No. 05-cv-1018-AJB (WVG), resulted in a settlement valued at more than $21 million.