BROBERG v. GUARDIAN LIFE INS. CO. OF AMERICA

No. B199461.

171 Cal.App.4th 912 (2009)

KIRK BROBERG, as Trustee, etc., et al., Plaintiffs and Appellants, v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Seven.

March 2, 2009.


Attorney(s) appearing for the Case

Gianelli & Morris, Timothy J. Morris, Richard R. Fruto; David A. Lingenbrink; Agnew & Brusavich, Bruce M. Brusavich, Lawrence D. Marks; Esner, Change & Ellis, Stuart B. Esner and Holly N. Boyer for Plaintiffs and Appellants.

Skadden, Arps, Slate, Meagher & Flom, Lance A. Etcheverry, Thomas J. Dougherty and David S. Clancy for Defendant and Respondent The Guardian Life Insurance Company of America.

Lewis Brisbois Bisgaard & Smith and Joseph C. Campo for Defendant and Respondent John A. Davidson.


OPINION

PERLUSS, P. J.

The Guardian Life Insurance Company of America (Guardian Life) allegedly sold Dr. David C. Powell a whole life insurance policy in 1993 by falsely promising through its agent John A. Davidson that earnings from the policy would be sufficient to pay the premium costs after the 11th year and by providing misleading marketing materials that similarly represented out-of-pocket premium costs would be eliminated in the 12th...

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