Reliance: More than a Procedural Stepping Stone in Interest-Sensitive Life Insurance Class Actions

Practitioners' Note by Russel Myles and Richard M. Gaal

This Practitioners' Note addresses the substantive law problems associated with proving reliance in class actions where fraud is alleged in the sale of interest-sensitive life insurance and challenges the viability of suggested alternative forms of proof, such as presuming reliance. The authors conclude that the present substantive law treatment of reliance in such settings actually enhances a defendant's procedural rights.


About the Author

Russel Myles. Member, McDowell, Knight, Roedder & Sledge, L.L.C., Mobile, Alabama. Mr. Myles practices in the fields of commercial, business tort, insurance, and class action litigation and has substantial experience defending class actions in Alabama.

Richard M. Gaal. Member, McDowell, Knight, Roedder & Sledge, L.L.C., Mobile, Alabama. Mr. Gaal practices in the fields of commercial, business, and class action litigation.

Citation

74 Tul. L. Rev. 2113 (2000)