Keir Milan, individually, and on behalf of the Class; Cristin Morneau and Kelly Strange, individually, and jointly as successors-in-interest to Carolyn A. Morneau, and on behalf of the Estate of Carolyn A. Morneau and the Class v. Protective Life Insurance Company and West Coast Life Insurance Company

Summary

The United States District Court for the Southern District of California granted final approval of a class action settlement concerning alleged violations of California Insurance Code sections 10113.71 and 10113.72 in connection with terminated life insurance policies. The court also approved $20 million in attorney fees, $142,576.77 in litigation expenses, $380,000 in administration expenses, and $20,000 in class representative service payments.

Holdings

1. The settlement class was properly certified for settlement purposes because the court had previously analyzed and conditionally certified the class under Federal Rule of Civil Procedure 23, and the court reaffirmed that analysis.
2. The notice provided to the settlement class satisfied Federal Rule of Civil Procedure 23 and due process.
3. The settlement was fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e)(2), and the court granted final approval.
4. The court approved $20,000,000 in attorney fees and reimbursement of litigation costs up to $142,576.77.
5. The court approved service payments of $10,000 each to Cristin Morneau and Keir Milan.
6. The settlement release was made effective, nonexcluded class members were bound and permanently enjoined from pursuing released claims, the court retained jurisdiction to implement the settlement, and the action was dismissed with prejudice.

Questions Presented

1. Whether the proposed class could be certified for settlement purposes.
2. Whether the notice provided to the settlement class satisfied Federal Rule of Civil Procedure 23 and due process.
3. Whether the proposed class action settlement was fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e)(2).
4. Whether the requested attorney fees, litigation-cost reimbursement, administration expenses, and class representative service payments were reasonable and should be approved.
5. Whether the court should enter the settlement's release, injunction, retention-of-jurisdiction provisions, and dismissal with prejudice.

Disposition

dismissed