Allstate Retiree Lawsuit

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Case Overview

In July 2013, Allstate Insurance Company notified many of its retirees that it would cease paying for retiree life insurance benefits, effective January 1, 2016. This is the notice Allstate’s Jim Devries (Ex. V-P) gave the retirees:

“After careful consideration, beginning January 1, 2016, we have made the decision to no longer pay the premium for your current retiree life insurance benefit. Your current retiree life insurance benefit will remain in effect and Allstate will continue to pay for your premium coverage until December 31, 2015. However, at that time your company-paid coverage will end. You will be given the opportunity to continue coverage but at your own cost.”

This cancellation of life insurance is disturbing. The retirees trusted Allstate to follow through on a promise of lifetime life insurance benefits, they relied on that promise, and they planned their retirement accordingly.

On September 23, 2013, upon conducting an investigation into the cancellation, the national law firm Heninger Garrison Davis, LLC , filed what is believed to be the first case of its kind alleging that Allstate violated the law by cancelling the life insurance. The case name is Turner v. Allstate Insurance Company and it is filed in the United States District Court for the Middle District of Alabama. W. Lewis Garrison, Jr., Taylor C. Bartlett, Jeanie Sleadd, and Christopher B. Hood represent the plaintiffs. The suit contends that Allstate, in reneging on the promise to provide the insurance, violated the Employee Retirement Income Security Act of 1974, specifically because it promised and represented to certain retirees that it would continue to pay their life insurance benefits for life. The Devries letter of July 2013 quoted above contradicts that promise.

Based on Allstate’s promise, many retirees chose not to purchase their own fixed-cost life insurance at a younger age when such insurance was more reasonably priced. These retirees cannot find life insurance today at reasonable rates and may be forced out of their coverage as a result. That is why they seek redress in court.

If you have received a similar letter, or Allstate has stopped paying your retiree life insurance benefits, and would like a free evaluation of your legal options, then please contact Taylor Bartlett at 205.326.3336 or 1.800.241.9779 . We are now accepting cases on a contingency fee basis and look forward to helping all affected Allstate retirees.

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Frequently Asked Questions

You may request a packet from us either online or by calling us at 1.800.241.9779. Once we receive this request we will place a packet in the mail for you to fill out and return to us.

We are seeking only an equitable remedy.  In this case, the equitable remedy we are seeking is the reinstatement of the Allstate paid premium.

The judge is the ultimate decider of this. We are asking, pursuant to ERISA, that the judge order Allstate to pay our legal fees if the plaintiffs are successful. Because this is an equitable suit, without easily measurable damages, the judge would award fees based upon hours spent and our experience. If we are not successful, our firm will pay all expenses. No plaintiff will ever receive a bill from our law firm that they must pay nor will they have any out of pocket expenses.
Filing a lawsuit as a class action does not automatically make it a class action. In order to be a class action, the court must approve it as such. If this lawsuit is certified as a class action, retirees who meet certain criteria will be included in this class even if they don’t sign up with us. However, this lawsuit may not receive class certification, meaning that it may not be a class action. We are prepared to represent all clients individually, even though they are part of a large group. If this lawsuit is not certified as a lawsuit, and we are successful, then only those who are signed up as clients would be eligible for any remedy. We can’t negotiate on your behalf if you’re not our client.

Case Updates

On September 12, counsel for all parties attended the hearing with Judge Marks. Judge Marks informed the parties that she was reviewing the pending motions, including Plaintiffs’ motion for class certification and Allstate’s motion for summary judgment. She disposed of several ancillary motions and indicated that she has placed our case in her queue and will expeditiously review and resolve the class certification and summary judgment motions. At this time, we have no expectation as to when the motions will be heard or resolved.
On August 8, 2018, this case was reassigned to Judge Emily C. Marks. On August 9, 2018, Judge Marks issued an order that postponed oral argument on both Plaintiffs’ and Defendant’s motions. A status and scheduling conference has been set for September 12, 2018.
On September 5, 2018, Judge Watkins will hear oral arguments for Plaintiffs’ Motion for Class Certification and Defendant’s Motion for Summary Judgment.
The hearing has been postponed. Judge Watkins is still reviewing pending motions. Please check back for future updates.

Judge Watkins has issued an order continuing the trial of this matter. It is no longer set for February, 2018. A future trial date has not been set at this time.

The Court’s order is here.

Judge Watkins has set this case for trial on February 26, 2018.

The Uniform Scheduling Order is here

Heninger Garrison Davis, LLC is pleased to announce that the Federal District Court for the Middle District of Alabama has denied defendant Allstate Insurance Company’s motion to dismiss the Turner Plaintiffs’ Complaint. Accordingly, the case will proceed. The case is actively in discovery and we will post public updates here as they become available. The Court’s order is located here.

The parties have filed a Joint Status Report with the Court which you can read  here.

The Court issued the following order today concerning a meet and confer over the potential of settlement and discovery. The order can be read here.

On January 19, 2016, the Turner Plaintiffs filed a motion for an order requesting the Court to permit discovery against Allstate to begin.  The motion can be found here.

1/20/2016: Update 2: The Court issued the following order today concerning a meet and confer over the potential of settlement and discovery.

The order can be read here.

Update 1: On January 19, 2016, the Turner Plaintiffs filed a motion for an order requesting the Court to permit discovery against Allstate to begin.

The motion can be found here.

1/4/2016: On December 29, 2015, the Court issued an order granting the named Plaintiffs in the Turner and Klaas actions preliminary relief. The Court limited this preliminary relief to the 17 named Plaintiffs listed in the Second Amended Complaint (Doc. 44) a copy of which is found under the Resources tab. The Court denied the preliminary relief as to unnamed Plaintiffs. We have been in contact with all the named Plaintiffs. The order should be read by all persons affected by Allstate’s actions regarding retiree life insurance.

You can read the order here.

11/23/2015: On November 20, 2015, the Court issued a briefing order (click here) on Plaintiffs’ Motion for Preliminary Injunction. It set the hearing for December 18, 2015 in Montgomery, Alabama. All clients will be updated on the decision made by the Court. It is unknown at this time whether a decision will be issued by the Court at the hearing or whether it will be issued at some time thereafter. Please check this website for the most up to date information.

Read the filing: Doc 76 – Order re MTD and Prelim Injunc

11/16/2015: The Turner Plaintiffs today filed a preliminary injunction asking the Court to order Allstate to continue paying their promised life insurance benefits. At this time, the issue is before the Court. You may see the filings here:

Doc 74 – Prelim Injunction
Doc 74-1 ex 1
Doc 74 – 3 Ex 2
Doc 74 -3 Ex 3
Doc 74 – 4 Ex 4

11/2/2015: The Court has combined another case from Florida with the Turner action. On October 7, 2015 the Plaintiffs again responded to Allstate’s Motion to Dismiss. Both parties are waiting on the Court’s rulings regarding the same.

Read the response here.

6/18/2015: At this time there is nothing new to report. Both parties are waiting on a ruling from the Court on Allstate’s Motion to Dismiss.

09/30/2014: On September 30, 2014, pursuant to the Court’s order, the Plaintiffs filed a Second Amended Complaint.

Please see the filing here.

08/20/2014: This case has been reassigned to the Honorable W. Keith Watkins of the Federal District Court for the Middle District of Alabama.

See the notice here.

6/27/2014: We have been receiving a lot of calls concerning the status of the litigation. At this time, there is nothing to report. Both parties are waiting on a ruling from the Court on Allstate’s Motion to Dismiss. The filing of a motion to dismiss by Allstate does NOT mean that the Plaintiffs’ have lost. This is routine procedure in these type cases. As soon as there in an update in this case, we will promptly update this website.