In re PFA Insurance Marketing Litigation

If you enrolled as a Premier Financial Alliance, Inc. (“PFA”) associate and purchased a Living Life or Living Life by Design indexed universal life insurance policy in California, a class action lawsuit may affect your rights.

Individuals who enrolled with PFA and purchased, in California, a Living Life or Living Life by Design indexed universal life insurance policy, issued by Life Insurance Company of the Southwest (“LICS”) (a “Living Life Policy”), sued PFA and LICS. They alleged that PFA and LICS violated California’s Unfair Competition Law and Endless Chain Law. The Court ruled that the claims may proceed as a class action. PFA and LICS deny that they have violated the law or that they have harmed policyholders in any way.

READ THIS WEBSITE CAREFULLY. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT.

Your Legal Rights and Options in This Settlement

Do Nothing	By doing nothing, if you are a member of the Class, you will stay in the Class and give up the right to file your own lawsuit against PFA and LICS about the issues in this lawsuit.
Make a Claim	If the Court approves the Settlement, and if you are a Class Member who bought a Class Policy, you may be eligible for a cash payment. The formula for determining the amount of the payment appears under FAQ 10. If you are a Class Member who bought a Class Policy that appears as active in LICS’s administration system, you may terminate that Class Policy and make a claim for a cash payment. In deciding whether to make a claim on a Class Policy with active status, you should compare: (1) an estimate of the potential cash payment if you choose Active Policy Relief with (2) the cash surrender value of your policy. You can get an estimate of the Active Policy Relief payment available to you under the Settlement and your cash surrender value when submitting an electronic claim here. Further details are provided in FAQ 10. To receive a payment, you must complete and submit a Claim Form. You do not need to pay attorneys’ fees to participate in the Settlement. Please note: Active Policy Relief for Class Members who bought a Class Policy that appears as active in LICS’s administration system will cause the Class Policy to terminate, so you will not receive any benefits other than the cash payment under the Settlement.
PFA Business Changes	If the Court approves the Settlement, PFA will implement certain business changes, which are set forth in Appendix A to the Stipulation of Settlement. You do not need to submit a Claim Form for these changes to take effect.
Exclude Yourself	You may exclude yourself from the Settlement. If you exclude yourself, you will receive no settlement benefits. Excluding yourself is the only option that allows you ever to be part of any other lawsuit against PFA or LICS concerning the claims and legal issues in the Action. All exclusion requests must be sent by U.S. mail to the address listed in FAQ 17, postmarked no later than October 19, 2023.
Object to the Settlement	If you do not exclude yourself and wish to object to the Settlement, you may write to the Court. All objections must be filed electronically or submitted by U.S. mail to the address listed in FAQ 23, postmarked no later than October 19, 2023. If you submit a written objection, the Court will consider it in deciding whether to approve the Settlement.
Speaking at the Settlement Hearing	You may also ask to speak in Court about the Settlement at the Settlement Hearing set for January 23, 2024, but only if you do not exclude yourself from the Settlement and you properly and timely submit a written objection and notice of intention to appear. (See FAQ 23 and FAQ 27.)

These rights and options—and the deadlines to exercise them—are explained further on the FAQs page of this website. For a complete description of the terms and conditions of the Settlement, you should read the agreement called the Stipulation and Agreement of Settlement (“Stipulation of Settlement”), which was filed with the Court and is available here. A copy of the Stipulation of Settlement also can be obtained by contacting the Claims Administrator.