This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to carefully review the Notice of Class Action Settlement.
This Lawsuit is about whether Brighthouse’s cost of insurance rates, which are used to calculate cost of insurance charges, complied with the policy language in the Form ULXP86 and Form ULXP88 life insurance policies issued in Georgia. The policies issued on Forms ULXP86 and ULXP88 (“the “Policies”) are flexible premium life insurance contracts (also known as universal life insurance policies). The Policies have a policy account value called a “Cash Value,” that generally is determined through the payment of premiums, the deduction of certain charges specified in the Policies (including the cost of insurance charges), and the crediting of interest on any Cash Value.
Plaintiff alleges that the cost of insurance rates Brighthouse used to calculate cost of insurance charges violated the Policies, resulting in incorrect cost of insurance charges. Plaintiff alleges that Brighthouse used cost of insurance rates that were higher than authorized, that Brighthouse based the cost of insurance rates on factors not allowed by the Policies, and that Brighthouse should have lowered cost of insurance rates based on allegedly improving mortality. On behalf of the Class, Plaintiff brings breach of contract claims and statutory claims based on Georgia’s Racketeer Influenced and Corrupt Organizations Act. These claims are described in Plaintiff’s Third Amended Class Action Complaint (“Complaint”) here.
Brighthouse denies Plaintiff’s claims and asserts multiple defenses. Brighthouse contends, among other things, that it has determined cost of insurance rates in compliance with the terms of the Policies and that it was not required to lower cost of insurance rates based on the Policies. Brighthouse asserts that Plaintiff and the Class Members did not suffer damages from any of Brighthouse’s alleged conduct.
No. The Court has not decided and has not suggested who will win this case.
The Plaintiff is asking that the Class be compensated for the alleged breaches of the Policies and statutory violation, for a declaration that Brighthouse has breached the Policies’ terms, and that Plaintiff and the Class receive permanent injunctive relief. Plaintiff also seeks pre-judgment and post-judgment interest, treble damages, punitive damages, attorneys’ fees and costs, and such other relief the Court permits.
No money or benefits are available now. The case is still in active litigation. There is no guarantee that money or benefits ever will be obtained.
The Court has certified a Class as follows:
For Plaintiffs’ breach of contract claims (Counts I, II, III, VII and VIII):
All persons who, as of March 14, 2014, owned a universal life insurance policy issued by Brighthouse or its predecessors-in-interest on Forms ULXP86 and ULXP88, with a state of issuance of Georgia, and who were subject to at least one monthly deduction.
For Plaintiffs’ Georgia RICO claim, based on the predicate acts of theft by taking and theft by conversion (Count VI):
All persons who, as of March 14, 2015, owned a universal life insurance policy issued by Brighthouse or its predecessors-in-interest on Forms ULXP86 and ULXP88, with a state of issuance of Georgia, and who were subject to at least one monthly deduction.
If someone who would otherwise be a Class Member is deceased, his or her legal representatives may be Class Members.
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this Lawsuit. By doing nothing you are staying in the Class and you will be legally bound by the orders the Court issues and judgments the Court makes in this class action. If you stay in the Class and the Class Representative obtains money or benefits on behalf of the Class, as a result of the Lawsuit, you will either be compensated automatically or will be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether the Class Representative wins or loses the Lawsuit, you will not be able to sue Brighthouse about any claim that is or could have been included in this Lawsuit.
If you do not want to be a part of the Lawsuit or if you want to bring your own lawsuit against Brighthouse related to the issues presented in this case you should exclude yourself from the Class. Unless you exclude yourself, you give up any right to sue Brighthouse for the claims that are or could have been asserted in this Lawsuit. If you choose to exclude yourself, you will not get any money or benefits from this Lawsuit even if the Plaintiff obtains them as a result of the Lawsuit. If you start your own lawsuit against Brighthouse after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you exclude yourself because you want to start your own lawsuit against Brighthouse, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.
Yes, if you choose to remain in the Class. The Court appointed the following lawyers as Class Counsel to represent all the members of the Class:
Roy E. Barnes
J. Cameron Tribble
The Barnes Law Group, LLC
31 Atlanta Street
Marietta, GA 30060
info@barneslawgroup.com
If you have questions, you may contact Class Counsel. You will not be charged for contacting Class Counsel. If you want to be represented by your own lawyer, however, you may hire one at your own expense.
Unless the Lawsuit is resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiff’s claims. During the Lawsuit, a jury or the Judge will hear all the evidence to help them reach a decision about whether Plaintiff or Brighthouse should prevail in this Lawsuit.
You may call the administrator at 1-877-601-4622, or email NewtonBrighthouseLitigation@noticeadministrator.com.