Ex-Policyholders Trimmed From Conseco Insurance Action

Law360, New York (December 20, 2011, 7:31 PM EST) -- A California federal court trimmed former policyholders on Tuesday from a consumer class in a breach of contract suit against Conseco Life Insurance Co., citing the Supreme Court's ruling in Wal-Mart v. Dukes, which tightened the rules on class certifications.

U.S. District Judge Susan Illston partially granted Conseco's motion to decertify the class, ruling that those who no longer hold policies cannot be part of the class. She stopped short of breaking up the class entirely, finding that current policyholders have enough commonality to move forward....
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