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The following information will assist you in understanding the Canada Life
Vanishing Premium Class Action Settlement.
All information you need to make a decision on how to proceed and on what
steps you need to take, if any, follows below.
QuickJump:
1. WHO QUALIFIES/ELIGIBILITY?
2. WHAT ARE THE BENEFITS?
3. HOW DO I GET THE BENEFITS?
4. WHEN DO I RECEIVE BENEFITS?
1. WHO
QUALIFIES/ELIGIBILITY?
a. Anyone who owns a participating whole life insurance policy
issued in Canada by the Canada Life Assurance Company (Canada Life)
between January 1, 1980 and December 31, 1997;
b. The policy must have been in effect on February 1, 2001 (if the
policy terminated between January 1, 1992 and February 1, 2001 because it lapsed
or was surrendered, some benefits may be available as set-out below under the
lapsed/surrendered policies heading).
A participating whole life policy is a whole life insurance policy where accumulated
and future policy dividends are used to off-set or pay future premiums commencing
on a specified date.
If you have received a mailing package from Canada Life, you qualify for
the class action settlement benefits.
If you have not received a mailing package from Canada Life, call Canada Life
for an explanation -- toll free at 1-866-285-5502.
2. WHAT
ARE THE BENEFITS?
There are general and individual benefits:
GENERAL BENEFITS
a. Policyholders will get an increase in annual policy dividends
of 0.25% higher than would otherwise have been paid by Canada Life for 3 years
commencing on the policy anniversary date in 2002. For example, if a policy was
issued on May 1, 1987, the increased annual policy dividend will apply commencing
May 1, 2002, for 2002, 2003 and 2004.
b. If your policy uses policy dividends to buy additional 1 year term
insurance (known as Enhanced Coverage Option), Canada Life
will reduce the cost of this term insurance by 10% of the rate otherwise payable
according to the Canada Life rate scale in effect on January 1, 2001 for a 3
year period.
INDIVIDUAL BENEFITS
a. Policyholders who believe that a misrepresentation was
made to them by a Canada Life sales representative prior to the sale of the policy
or at any time up to 10 days following delivery of the policy that premiums would
stop on a certain date, can apply to an independent party (Global Resolutions
Inc.) to review the circumstances related to the purchase of the policy.
Global Resolutions Inc. is an independent mediation/adjudication service agreed
to between Class Counsel and Canada Life with respect to processing of individual
claims.
b. Following a review of the written information provided by the policyholder,
Global Resolutions Inc. will place the claim into one of 4 categories (categories
A, B, C, or D). Each category will have a different level of benefits. The level
of benefit depends on the strength of the proof of misrepresentation and the
specific circumstances.
3. HOW
DO I GET THE BENEFITS?
GENERAL BENEFITS
You do not have to do anything to receive general benefits. General benefits
automatically apply to all policyholders who qualify.
No action whatsoever is required by you to receive general benefits. You
do not have to call, register or apply. The benefits will be granted to you automatically.
INDIVIDUAL BENEFITS
You must apply for individual benefits.
To do so, complete the Policyholder Option Form (see sample below) which
you received as part of the mailing package. Complete Option 2 on the Policyholder
Option Form. You must sign the form and send it to:
Canada Life Premium Offset Settlement Team
P.O. Box 4525
Station A
Toronto, Ontario
M5W 4M9
CANADA LIFE MUST RECEIVE THE COMPLETED POLICYHOLDER
OPTION FORM BY SEPTEMBER 6, 2001.
We strongly recommend that you send the Policyholder Option Form to Canada
Life by no later than August 20, 2001 to ensure that it will be received by Canada
Life in time.
Once Canada Life receives your Policyholder Option Form with Option 2 checked-off,
Canada Life will send you a Claims Package for you to complete and be
returned.
Once you receive that Claims Package, we can assist you in understanding the
Independent Review Process.
This process is structured so that you receive relief consistent with what
would be granted in a civil court, i.e. the greater proof available in support
of your position, the greater relief available for you.
Under this process, you can achieve a full measure of relief, ie. being granted
exactly what was promised at point of sale -- for example, if you were promised
a premium off-set date of 12 years and you have sufficient qualifying evidence/proof,
you will be granted the premium off-set date of 12 years promised when you purchased
your policy.
This remedy was fashioned so as to allow access to justice for a large group
of people in a streamlined fashion which achieves judicial economy.
If you apply for relief under this process and are not happy with the outcome,
you can appeal to the Court, however, you appeal will be successful only if the
decision of the Independent Adjudicator was clearly unreasonable.
The following information relates to claims under the Independent Review
Process and need not be reviewed at this time. This information is relevant only
if you check Option 2 on the Policyholder Option Form and only after you have
received the Claims Package from Canada Life and are in the process of filing
your actual claim with the Independent Adjudicator, Global Resolutions Inc.
CATEGORY REQUIRED WRITTEN INFORMATION BENEFITS
| CATEGORY |
REQUIRED WRITTEN INFORMATION |
BENEFITS |
| CATEGORY A |
- A fully completed Policyholder Claim Form stating that a misrepresentation
took place.
- Written evidence that clearly confirms the misrepresentation.
- At least three more Plus Factors than Minus Factors (see below).
- No written evidence that clearly contradicts the misrepresentation.
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- General settlement benefits.
- No further cash premium payments required after the original premium off-set
date.
- Subject to Demutualization Adjustment.
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| CATEGORY B |
- A fully completed Policyholder Claim Form stating that a misrepresentation
took place.
- At least two more Plus Factors than Minus Factors (see below).
- No written evidence that clearly contradicts the misrepresentation.
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- General settlement benefits.
- No further cash premium payments required based on the following formula:
The number of months between the original premium off-set date and the anticipated
premium off-set date determined by Canada Life as at February 1, 2001 multiplied
by 30%. The number of months determined thereby will be added to the original
premium off-set date proposed.
- Subject to Demutualization Adjustment.
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| CATEGORY C |
- A fully completed Policyholder Claim Form stating that a misrepresentation
took place.
- One more Plus Factor than Minus Factor (see below).
- No written evidence that clearly contradicts the misrepresentation
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- General Settlement Benefits.
- No further cash premium payments required based on the following formula:
The number of months between the original premium off-set date and the anticipated
premium off-set date determined by Canada Life as at February 1, 2001 multiplied
by 70%. The number of months determined thereby will be added to the original
premium off-set date proposed.
- Subject to Demutualization Adjustment.
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| CATEGORY D |
- A number of Minus Factors that is equal to or more than a number of Plus
Factors (see below).
- Written evidence that clearly contradicts the misrepresentation or a claim
that does not meet the definition of misrepresentation or an incomplete claim
form.
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- General settlement benefits only.
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PLUS FACTORS/MINUS FACTORS
Global Resolutions Inc. will assess the Policyholder Claim Form and the information
contained therein which will be awarded plus and minus factors with a scoring
of plus 1 for a Plus Factor and a minus 1 for a Minus Factor.
A single piece of evidence or information will not be taken to satisfy more
than 1 factor category.
(Please note, an unaltered original Canada Life standard form illustration
and/or sales materials will neither constitute a plus or a minus factor.
PLUS FACTORS
a. A written misrepresentation made to the policyholder by a sales
representative which supports but does not clearly and unambiguously confirm
the misrepresentation.
b. A sworn Sales Representative Form confirming that he/she made the alleged
misrepresentation.
c. An affidavit from a third party witness at the sales presentation which
independently establishes that the alleged misrepresentation was made.
d. The premiums payable under the original premium off-set date where prepaid
at the time of issue or within 6 months of the policy.
e. The Canada Life original standard form illustration was materially altered
by the sales representative prior to the issue of a policy or at any time up
to 6 months thereafter.
MINUS FACTORS
a. Written representation made to the policyholder which tends to
contradict but does not clearly an unambiguously contradict the misrepresentation.
b. A sworn Sales Representative Form denying that he/she made the alleged
misrepresentation.
c. An affidavit from a third party witness present at the sales presentation
denying the alleged misrepresentation.
d. Prior to purchasing the policy, the policyholder received advice with respect
to the cost and value of the policy from an accounting, tax, legal, financial,
insurance, actuarial or estate advisor not associated with Canada Life.
e. The policyholder received more than 1 illustration which differed only
with respect to dividend scale.
DEMUTUALIZATION ADJUSTMENT
As a result of Canada Life converting from a mutual life insurance company
in November, 1999, to a company owned by shareholders, eligible policyholders
received a fixed number of shares as well as a number of variable shares of Canada
Life Financial Corporation.
Where a policyholder received more than 1,000 variable shares, the individual
benefits to the policyholder will be adjusted resulting in a later guaranteed
premium off-set date than would otherwise have been awarded under Categories
A, B and C.
LAPSED/SURRENDERED POLICIES
Where a policyholder lapsed or surrendered his/her participating whole life
insurance policy between January 1, 1992 and February 1, 2001, he/she is entitled
to the following benefits:
a. The former owner may apply for a new individual life insurance
policy currently offered by Canada Life with a total face amount of not more
than the death benefit of the lapsed policy with a discount of 50% applied to
the first years premium.
In the case of universal life policies, this will be based on the minimum
premium.
Standard Canada Life underwriting and issue requirements will be required.
b. A former owner will be entitled to individual benefits where:
i. the former owner establishes that the lapsed or surrendered policy
was as a direct consequence of the reliance by the former owner of a misrepresentation
of a Canada Life Sales Representative; and
ii. the former owner restores the participating whole life insurance policy
in accordance with the standard requirements of Canada Life and at the expense
of the former owner.
OPTING OUT
A policyholder who does not wish to participate in the Settlement Agreement
must complete Option 3 of the Policyholder Option Form and must send the
form to Canada Life and be received by Canada Life on or before September 6,
2001.
4. WHEN
DO I RECEIVE BENEFITS?
GENERAL BENEFITS
The General benefits will automatically apply commencing on your policy anniversary
date in the year 2002.
INDIVIDUAL BENEFITS
Following receipt of the sworn Policyholder Claim Form, the independent
adjudicator, Global Resolutions Inc., shall make a determination of your additional
benefits within a reasonable period of time.
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