Frequently Asked Questions

 

This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Court-Authorized Notice.

BASIC INFORMATION

Why did I get this Notice?

KC Life’s records show that you own or owned a flexible premium adjustable life insurance policy issued by KC Life in Kansas (or were identified as the legal representative of such an owner). A Court decided to allow a class action lawsuit to proceed against KC Life related to how it determines cost of insurance rates. You have legal rights and options that you may exercise before trial. The trial is to decide whether the claims being made against KC Life are correct. The case may settle or be dismissed before a trial or on appeal.

Chief Judge Beth Phillips of the United States District Court for the Western District of Missouri is overseeing this case. The case is known as Meek v. Kansas City Life Insurance Company, Case No. 4:19-cv-00472-BP. The person who sued, Christopher Y. Meek, is called the “Plaintiff.” KC Life is called the “Defendant.”

What is a class action and who is involved?

In a class action lawsuit, one or more people called “Class Representatives” (in this case Christopher Y. Meek) sue on behalf of other people who have similar claims. Together, those other people are a “Class” or “Class Members.” The Class Representative(s) who sued—and all the Class Members like them—are called the Plaintiffs. The company they sued (in this case KC Life) is called the Defendant. One court resolves the issues for everyone in the Class— except for those people who choose to exclude themselves from the Class.

Why is this lawsuit a class action?

The Court decided that this lawsuit meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. The Court’s decision means the case can proceed as a class action and move toward a trial. Specifically, the Court found that the Class Members are sufficiently numerous, there are questions of law and fact that are common to all Class Members that predominate over questions affecting individual Class Members, the Class Representative’s claims are typical of those of the Class, the Class Representative and Class Counsel are adequate to represent the Class, and proceeding as a Class is superior to the alternatives.

More information about the Court’s Order Certifying the Class is available here.

THE CLAIMS IN THE LAWSUIT

What is the lawsuit about?

This lawsuit is about whether KC Life’s cost of insurance rates were consistent with the policy language of its flexible premium adjustable life insurance policies for the following products: Better Life Plan, Better Life Plan Qualified, LifeTrack, AGP, MGP, PGP, Chapter One, Classic, Rightrack (89), Performer (88), Performer (91), Prime Performer, Competitor (88), Competitor (91), Executive (88), Executive (91), Protector 50, LewerMax, Ultra 20 (93), Competitor II, Executive II, Performer II, or Ultra 20 (96). (“Policy” or “Policies”). The Policies have a “Cash Value” or “Accumulated Value” that accumulates interest at or above a minimum rate guaranteed under the Policy. The Policies expressly authorize monthly deductions from the cash value or accumulated value of expense charges and a cost of insurance. Plaintiff alleges that KC Life violated the policy in three different ways. First, the Policy permits KC Life to deduct the cost of insurance calculated using a cost of insurance rate. The Policies provide that the monthly Cost of Insurance Rate used “will be determined by [KC Life] based on [KC Life’s] expectations as to future mortality experience.” Plaintiff alleges that KC Life impermissibly uses factors other than those identified in the Policy when setting cost of insurance rates. Second, while the Policy permits expense charges, Plaintiff alleges that KC Life impermissibly exceeds the fixed amount for expense charges and includes amounts exceeding the expense charges in the deduction for cost of insurance. Third, Plaintiff alleges that the Policy requires KC Life to reduce cost of insurance rates to reflect its improved mortality expectations. Plaintiff also alleges KC Life’s actions relating to deductions from policyholders’ cash values or accumulated values make it liable for conversion. You can read Plaintiff’s First Amended Class Action Complaint (“Complaint”) here.

How Does KC Life Answer?

KC Life denies all of Plaintiff’s claims. KC Life has asserted numerous legal and factual defenses. KC Life contends, among other things, that it has determined and determines cost of insurance rates in compliance with the terms of the Policies and that KC Life’s administration of the policies, including Plaintiff’s policy, has been at all times consistent with the terms of the policies, the terms’ common usage, industry practice, the understanding of regulators, and the reasonable expectations of policyholders. KC Life further denies that the claims asserted in the lawsuit are appropriate for class or representative treatment. You can read KC Life’s Answer to Plaintiff’s First Amended Complaint here.

Has the Court decided who will win?

Yes, please refer to the update on the front page or the Judgment on the Important Documents page.

What are the Plaintiffs asking for?

The Plaintiffs are asking that the Class be compensated for amounts that were included in the cost of insurance and expense charge beyond what they allege the Policy allows. Plaintiffs also seek pre-judgment and post-judgment interest, punitive damages, and such other relief the Court permits.

Is there any money available now?

No money or benefits are available now because the case has not yet gone to trial, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained.

WHO IS IN THE CLASS?

Am I part of this Class?

All persons (1) who own or owned a Better Life Plan, Better Life Plan Qualified, LifeTrack, AGP, MGP, PGP, Chapter One, Classic, Rightrack (89), Performer (88), Performer (91), Prime Performer, Competitor (88), Competitor (91), Executive (88), Executive (91), Protector 50, LewerMax, Ultra 20 (93), Competitor II, Executive II, Performer II, or Ultra 20 (96) life insurance policy issued or administered by Defendant, or its predecessors in interest, (2) that was active on or after January 1, 2002, (2) purchased the life insurance policy while domiciled in Kansas, and (4) incurred charges for “Cost of Insurance” or “Expense Charges” between June 18, 2014 and February 28, 2021. Excluded from the Class are: KC Life; any entity in which KC Life has a controlling interest; any of the officers, directors, employees, or sales agents of KC Life; the legal representatives, heirs, successors, and assigns of KC Life; anyone employed with Plaintiff’s counsel’s firms; and any Judge to whom this case is assigned, and his or her immediate family.

In addition, anyone who timely submitted an exclusion request is excluded.

 

THE LAWYERS REPRESENTING YOU

Do I have a lawyer in this case?

Yes. The Court appointed the following law firms as “Class Counsel” to represent all the members of the Class:

Stueve Siegel Hanson LLP
460 Nichols Rd., Suite 200
Kansas City, MO 64112
meekkcl@stuevesiegel.com
866-714-0872

Miller Schirger LLC
4520 Main Street, Suite 1570
Kansas City, MO 64111
meekkcl@millerschirger.com
816-561-6500

If you have questions, you may contact Class Counsel. You will not be charged for contacting Class Counsel. If you want to be represented by your own lawyer, however, you may hire one at your own expense.

Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. You can ask him or her to appear in Court for you in this case if you want someone other than Class Counsel to speak for you.

How will the lawyers be paid?

Class Counsel have not been paid or reimbursed for their time and expenses incurred in pursuing this case. You will not have to pay these fees and expenses. If Class Counsel obtain money or benefits for the Class, they may ask the Court for fees and expenses. The motion seeking fees and expenses will be available on this website. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by KC Life.

WHAT HAPPENS NEXT?

We must wait to see if either of the parties file a notice of appeal. If one or more of them notice an appeal, then nothing will happen until the appeal is resolved. If no appeal is filed, the Plaintiff will request that the court decide how the judgment will be distributed to the eligible class members.