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AZAR v. PRUDENTIAL INS. CO. OF AMERICA

No. 22,133.

68 P.3d 909 (2003)

133 N.M. 669

2003-NMCA-062

Jemil D. AZAR, Ronald J. Solimon, and Re/Max Advantage, Ltd., a New Mexico limited partnership, for themselves and all others similarly situated, Plaintiffs-Appellees, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 4, 2003.

Attorney(s) appearing for the Case

Paul Bardacke, John M. Eaves, Peters S. Kierst, Kerry Kiernan, Karen S. Mendenhall, Eaves, Bardacke, Baugh, Kierst & Kiernan, P.A., Dennis M. McCary, Floyd D. Wilson, Alan R. Wilson, Barbara Pryor, McCary, Wilson & Pryor Alan K. Konrad, Law Offices of Alan Konrad, Albuquerque, NM, for Appellees.

Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, Edward M. Rosenfeld, Bryan Cave LLP, Santa Monica, CA, for Appellant.

Victoria E. Fimea, American Council of Life Insurers, Washington, DC, George Ruhlen, Mayer, Brown & Platt, Santa Fe, NM, Evan M. Tager, Craig W. Canetti, David M. Gossett, Mayer, Brown & Platt Washington, DC, for Amicus Curiae American Council of Life Insurers.

Certiorari Denied, No. 27,910, March 4, 2003.

OPINION

FRY, Judge.

{1} This case is one of approximately twenty putative class actions in New Mexico in which life insurance policyholders allege that insurers have failed to adequately disclose to policyholders the additional cost of paying their premiums in installments—also called "modal" or "fractional" premiums — instead of once annually. In particular, policyholders claim that...

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