SPEAKMAN v. ALLMERICA FINANCIAL LIFE INS.

Civil Action No. 04-40077-FDS.

367 F.Supp.2d 122 (2005)

Donald P. SPEAKMAN, Stephen H. Wedel, and Mark L. Robare, individually and on behalf of all others similarly situated, Plaintiffs, v. ALLMERICA FINANCIAL LIFE INS. & Annuity Co., First Allmerica Financial Life Ins. Co., and Allmerica Financial Corp., Defendants.

United States District Court, D. Massachusetts.

April 21, 2005.


Attorney(s) appearing for the Case

Nancy F. Gans, Moulton & Gans, PC, Boston, MA, Robert W. Biederman, Stephen Hubbard, Hubbard & Biederman LLP, Dallas, TX, for Plaintiffs.

Andrea J. Robinson, Brett R. Budzinski, Jonathan A. Shapiro, Eric D. Levin, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for Defendants.


MEMORANDUM AND ORDER ON MOTION TO DISMISS

SAYLOR, Judge.

This is a claim for breach of the implied covenant of good faith and fair dealing and for unfair and deceptive trade practices in violation of Mass. Gen. Laws. ch. 93A. Plaintiffs are insurance agents who sold variable annuities on behalf of defendant Allmerica Financial Life Insurance & Annuity Company ("AFLIAC"). According to the complaint, plaintiffs contractually agreed to repay past...

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