Conseco Can't Decertify Class In Fee Overcharge Action

Law360, New York (January 30, 2013, 7:06 PM EST) -- A California federal judge on Tuesday denied Conseco Life Insurance Co.'s bid to decertify a class of policyholders accusing the insurer of charging higher fees in violation of its policy agreements.

U.S. District Judge Susan Illston rejected Conseco's argument that the class should be dismissed if the court finds that certain terms about cost of insurance deductions by Conseco are ambiguous, saying such a potential vagueness affects only one of six of the plaintiffs' breach of contract arguments.

A potential lack of commonality on one claim...
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