Frequently Asked Questions
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 review carefully the Court-Authorized Notice.
BASIC INFORMATION
What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case David B. Karr) sue on behalf of other people who have similar claims. Together, those other people are a “Class” or “Class Members.” The Class Representative(s) who sued—and all the Class Members like them—are called the Plaintiffs. The company they sued (in this case KC Life) is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.
Why is this lawsuit a class action?
The Court decided that this lawsuit meets the requirements of Missouri Rule of Civil Procedure 52.08, which governs class actions in Missouri courts. The Court’s decision means the case can proceed as a class action and move toward a trial. Specifically, the Court found that the Class Members are sufficiently numerous, there are questions of law and fact that are common to all Class Members that predominate over questions affecting individual Class Members, the Class Representative’s claims are typical of those of the Class, the Class Representative and Class Counsel are adequate to represent the Class, and proceeding as a Class is superior to the alternatives.
More information about the Court’s Order Certifying the Class is available here.
THE CLAIMS IN THE LAWSUIT
What is the lawsuit about?
This lawsuit is about whether KC Life’s cost of insurance rates were consistent with the policy language of its flexible premium adjustable life insurance policies for the following products: Better Life Plan, Better Life Plan Qualified, LifeTrack, AGP, MGP, PGP, Chapter One, Classic, Rightrack (89), Performer (88), Performer (91), Prime Performer, Competitor (88), Competitor (91), Executive (88), Executive (91), Protector 50, LewerMax, Ultra 20 (93), Competitor II, Executive II, Performer II, or Ultra 20 (96). (“Policy” or “Policies”). The Policies have a “Cash Value” or “Accumulated Value” that accumulates interest at or above a minimum rate guaranteed under the Policy. The Policies expressly authorize monthly deductions from the cash value or accumulated value of expense charges and a cost of insurance. Plaintiff alleges that KC Life violated the policy in three different ways. First, the Policy permits KC Life to deduct the cost of insurance calculated using a cost of insurance rate. The Policies provide that the monthly Cost of Insurance Rate used “will be determined by [KC Life] based on [KC Life’s] expectations as to future mortality experience.” Plaintiff alleges that KC Life impermissibly uses factors other than those identified in the Policy when setting cost of insurance rates. Second, while the Policy permits expense charges, Plaintiff alleges that KC Life impermissibly exceeds the fixed amount for expense charges and includes amounts exceeding the expense charges in the deduction for cost of insurance. Third, Plaintiff alleges that the Policy requires KC Life to reduce cost of insurance rates to reflect its improved mortality expectations. Plaintiff also alleges KC Life’s actions relating to deductions from policyholders’ cash values or accumulated values make it liable for conversion. You can read Plaintiff’s Petition here.
How Does KC Life Answer?
KC Life denies all of Plaintiff’s claims. KC Life has asserted numerous legal and factual defenses. KC Life contends, among other things, that it has determined and determines cost of insurance rates in compliance with the terms of the Policies. You can read KC Life’s Answer to Plaintiff’s Petition here.
What are the Plaintiffs asking for?
The Plaintiff is asking that the Class be compensated for amounts that were included in the cost of insurance and expense charge beyond what they allege the Policy allows, and a declaration that Defendant has breached the Policy terms. Plaintiffs also seek pre-judgment and post-judgment interest, and such other relief the Court permits.
Is there any money available now?
No money or benefits are available now. There is no guarantee that money or benefits ever will be obtained.
WHO IS IN THE CLASS?
Am I part of this Class?
Judge Torrence has certified the following Class: All Missouri citizens who own or owned a Better Life Plan, Better Life Plan Qualified, LifeTrack, AGP, MGP, PGP, Chapter One, Classic, Rightrack (89), Performer (88), Performer (91), Prime Performer, Competitor (88), Competitor (91), Executive (88), Executive (91), Protector 50, LewerMax, Ultra 20 (93), Competitor II, Executive II, Performer II, or Ultra 20 (96) life insurance policy issued or administered by KC Life in the State of Missouri, or its predecessors in interest, that was active on or after January 1, 2002.
If someone who would otherwise be a Class Member is deceased, his or her legal representatives are Class Members.
The Class excludes: KC Life; any entity in which KC Life has a controlling interest; any of the officers, directors, employees, or sales agents of KC Life; the legal representatives, heirs, successors, and assigns of KC Life; anyone employed with Plaintiff’s counsel’s firms; and any Judge to whom this case is assigned, and his or her immediate family. If these exclusions apply to you, you are not a member of the Class.
THE LAWYERS REPRESENTING YOU
Do I have a lawyer in this case?
Yes. The Court appointed the following lawyers as “Class Counsel” to represent all the members of the Class:
Patrick J. Stueve
Stueve Siegel Hanson LLP
460 Nichols Rd., Suite 200
Kansas City, MO 64112
karrkcl@stuevesiegel.com
John J. Schirger
Miller Schirger LLC
4520 Main Street, Suite 1570
Kansas City, MO 64111
karrkcl@millerschirger.com
If you have questions, you may contact these lawyers. You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, however, you may hire one at your own expense.
Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. You can ask him or her to appear in Court for you in this case if you want someone other than Class Counsel to speak for you.
How will the lawyers be paid?
Class Counsel have not been paid or reimbursed for their time and expenses incurred in pursuing this case. You will not have to pay these fees and expenses. If Class Counsel obtain money or benefits for the Class, according to the Final Judgment, their fees and expenses would be deducted from any money obtained for the Class.
WHAT HAPPENS NEXT?
Has any party appealed?
Yes. The parties both filed notices of appeal. It is difficult to determine how long it will take for the appeal to be resolved. Please check back frequently, as this website will be regularly updated.