Fill and Sign the In the Circuit Court of Mobile County Alabama Donald R Form

IN THE CIRCUIT COURT OF _______________ COUNTY, ALABAMA _________________________, *Plaintiff,*vs. *CIVIL ACTION NUMBER: * who are those persons,firms, corporations, associations, proprietorships, or other entities whosenames and identities are otherwise unknown at this time by the Plaintiff, but who will be added by amendment when ascertained and who participated in the sale, servicing, handling and/or canceling of certain insurance policies of Plaintiff and/or who participated in the taking of the money from other insurance policies of Plaintiff and putting it in new, different insurance policies of Plaintiff s and/or whoparticipated in acts or omissions that caused damage to policies of Plaintiff and/or who took and/or converted for their own uses money from Plaintiff s policies and/or who engaged in a conspiracy or participated in acts or omissions which involved said policies and/or who participated in a cover-up or conspiracy of silence to withhold from the Plaintiffinformation about the Plaintiffspolicies,Defendants. COMPLAINT 2 1.The Plaintiff ________________________________ (hereinafter __________ ), is over the age of nineteen (19) years and a resident citizen of Mobile County, Alabama.2.The Plaintiff is unsophisticated in insurance matters and at all times material hereto relied on Defendants to properly advise her.3.The Defendant, Metropolitan Life Insurance Company (hereinafter MetLife), is a foreign corporation, which at all times material hereto, was doing business in Mobile County, Alabama, and continues to do business in Mobile County, Alabama.4.The Defendant, Agent 1 (hereinafter ______), is an individual over the age of nineteen (19) years and a resident citizen of _____________ County, Alabama. At all times material hereto was a representative, general agent, soliciting agent, agent, and/or employee of the Defendants MetLife and John Does I - V, and was at all times material hereto acting within the line and scope of her agency/employment. 5. The Defendant, Agent 2 (hereinafter _______), is an individual over the age of nineteen (19) years and a resident citizen of _____________ County, Alabama. At all times material hereto was a representative, general agent, soliciting agent, agent, and/or employee of the Defendants MetLife and John Does I - V, and was at all times material hereto acting within the line and scope of her agency/employment. 6. The Defendants, John Doe I, John Doe II, John Doe III, John Doe IV and John Doe V, are those persons, firms, corporations, associations, proprietorships, or other entities whose names and identities are otherwise unknown at this time by the Plaintiff, but who will be added by amendment when ascertained and who participated in the sale, servicing, handling 3 and/or canceling of certain insurance policies of Plaintiff and/or who participated in the taking of the money from other insurance policies of Plaintiff and putting it in new, different insurance policies of Plaintiffs and/or who participated in acts or omissions that caused damage to policies of Plaintiff and/or who took and/or converted for their own use money from Plaintiff s policies and/or who engaged in a conspiracy or participated in acts or omissions which involved said policies and/or who participated in a cover-up or conspiracy of silence to withhold from the Plaintiff information about the Plaintiffs policies.7.8.9.10.11.12.13.The Defendants stood in fiduciary positions of trust to the Plaintiff in regard to matters relating to her insurance investments, and the representations stated above were false, and made by the Defendants with knowledge of their falseness. 14.Further, the Defendants, while acting in fiduciary positions of trust to the Plaintiff, made the following fraudulent misrepresentations and/or omissions of fact and/or failed to disclose to her the following material facts:(1) The Universal Life (hereinafter UL) policy(ies) purchased by Plaintiff was interest and investment sensitive, and the amount of the deposit/premium of ________ per month was the interest/investment dependent upon rates paid;(2)The risks and disadvantages of the UL policy(ies) sold to Plaintiff were not explained to her; 4 (3)The policy(ies) sold to Plaintiff did not have level, permanent premiums of ______ per month and the cash values and death benefits were not guaranteed;(4)The cost of insurance in said policy(ies) increases annually;(5)The Plaintiff s UL policy(ies) would not last till maturity, but will lapse prior to maturity with no value unless the Plaintiff increases the amount of premium paid;(6)The policy _______________ was not a whole life type of policy but was actually a UL;(7)Plaintiff could not stop making premium payments on policy(ies) at [date/age];(8)Plaintiff would have to continue paying premiums after _____ or the policy(ies) would lapse;(9)The Plaintiff s policy(ies) _____________ would not be paid up at [date/age];(10)The Plaintiff s policy(ies) _________ would not be able to pay for itself beginning at [date/age];(11)Plaintiff could not withdraw money from policy(ies) _______ at age ____ without detrimental effects on said policy(ies); such as same being a loan with interest charged, and/or the policy face value would be deceased; (12)Plaintiff cannot withdraw money from the policy and still retain full coverage, paid-up or otherwise;(13) Policy(ies) would not yield Plaintiff guaranteed or fixed amounts at age _________ as was represented by Defendants;(14)The difference between guaranteed rates and illustrated rates, which would directly affect the amount of money available to Plaintiff at any age, was not explained to Plaintiff;(15)Plaintiff would not have been able to draw approximately _______ at age [65];(16)The amounts of money guaranteed to Plaintiff were not a savings, and could not be taken from the policy(ies) in cash without affecting the policy(ies) longevity and/or benefits amount; 5 (17)It is not beneficial to Plaintiff s policy(ies) to stop making premiums on those and allow the money/value from the policy to pay its own premiums;(18) Taking money, whether by cash surrender, dividends, and/or loans from an already existing policy to purchase/fund a new policy is known as twisting/churning, piggybacking and is in violation of Alabama statute, Alabama Insurance Regulations, and/or MetLife policy and procedures;(19)Taking money from a policy as stated above is detrimental to the older, already existing policy(ies) in that death benefits are lost, cash value is used, and the Plaintiff incurs new and/or additional fees, charges and waiting periods with the new policy;(20)That [agent] stole and converted money from policy(ies) ____________;(21)That money in the amount of __________ was taken from policy(ies) as [loan, dividend, withdrawal] and put into policy(ies) _______________;(22)That the Plaintiff s signature was forged on _____________;(23)That policy(ies) _______ was not a savings for college/retirement, but was only a life insurance policy;(24) That the payments made to policy(ies) _______________ were not deposits, but were only insurance policy premiums;(25)That Plaintiff s policy(ies) did not include two parts: the insurance part and the savings part, but were only one insurance policy, where all workings were interrelated;(26)MetLife did not have specially titled plans for ______________ as stated by Harty; no such plan exists;(27) Plaintiff could not lower her premium payments on policy(ies) _________________ without it detrimentally affecting the policy(ies).15.Said failures to disclose were made with the intention to deceive the Plaintiff and did so deceive her to her detriment and damage. Had there been full and complete disclosure to the Plaintiff about what she was purchasing and how the products performed, the Plaintiff would not have purchased the products from the Defendants. 6 16.Plaintiff alleges that various regulations of the Alabama Department of Insurance were not followed, complied with and/or were violated by the Defendants prior to the sale, at the time of the sale, and/or at the delivery of the policies involved in this action, including but not limited to Regulations 64, 69 and/or 70.17. Plaintiff further alleges that the above was done for the purpose of and with the intent to deceive the Plaintiff and to cause the Plaintiff to purchase the policy(ies) involved in this action. Said failure to comply with such regulations was fraudulently done with the intent to induce or cause and did induce or cause the Plaintiff to purchase the policy(ies) involved in this litigation, which proximately resulted in damage to Plaintiff, as set out in this Complaint.18. Plaintiff alleges that, in connection with the fraudulent conduct on the part of the Defendants, said Defendants, separately and severally, consciously or deliberately engaged in oppression, fraud, conspiracy to commit fraud, negligence, and wantonness or malice with regard to the Plaintiff.19.Defendants, MetLife and John Does I - V, with respect to their agents, employees, and servants, either:(1)Knew or should have known of the unfitness of the agents, employees or servants and employed them or continued to employ them, or use their services without proper instruction with disregard to the rights and financial safety and security of the Plaintiff;(2)Authorized the wrongful conduct;(3)Ratified the wrongful conduct; and/or(4)The acts of said agents, servants or employees were calculated to and did benefit said Defendants.20.Plaintiff alleges that the acts or omissions of the Defendants as aforesaid were malicious, and that the Defendants deliberately omitted and/or failed to disclose same to 7 Plaintiff. Defendants actions were intentional and wrongful and were done without just cause or excuse with the intent to injure the Plaintiff. The acts or omissions of the Defendants were oppressive and Defendants deliberately omitted and/or failed to disclose to the Plaintiff the aforesaid material facts. The acts or omissions of the Defendants were oppressive because they subjected the Plaintiff to cruel and unjust hardship with conscious disregard for the rights of the Plaintiff. Plaintiff alleges that the Defendants conduct constituted a pattern or practice of fraudulent acts or omissions. 21.Plaintiff was not aware of and did not have facts before her to discover the frauds as alleged herein. Plaintiff is not sophisticated and knowledgeable in the insurance business and its phrases and terms and were unable to understand the meaning and/or significance of same. Further, Plaintiff is or may be incapable of reading and comprehending said insurance papers and/or documents. 22.Plaintiff did not actually become aware of or discover facts leading to discovery of the frauds herein by Defendants until ________________, when Plaintiff __________________.23.Said actions/inactions alleged herein were originated in part and/or in whole by Defendants MetLife and John Does I - V, and put into action through their agents, servants, and/or employees to induce potential insureds such as Plaintiff to purchase MetLife products.24.Further, Plaintiff alleges that the acts and omissions of Defendants were part of a plan, scheme, pattern and practice of all Defendants to misrepresent facts to Plaintiff and suppress and conceal facts from Plaintiff, and that said Defendants have participated in and accomplished the same and/or similar type of actions and inactions on others prior and subsequent to Plaintiff. 8 25.As a proximate consequence of Defendants actions and inactions, Plaintiff has been damaged in that she has lost much money; payments to her MetLife policies; will have to make more, additional payments to keep her policies from lapsing; has lost value and benefits in older policies used to buy new policies and/or otherwise drained of funds or surrendered; has lost life insurance coverage; has lost and will lose future life insurance coverage; has lost the ability to purchase the actual product they were told they were purchasing; has lost the ability to purchase permanent life insurance at the same price as it could have been purchased when policies here were purchased; has suffered extreme emotional distress and/or mental anguish, and will in the future. COUNT ONE (WILLFUL MISREPRESENTATION) 26.Plaintiff adopts and realleges paragraphs 1 - ______.27.Plaintiff brings this action against the Defendants for willful misrepresentation pursuant to Ala. Code 6-5-100 and 6-5-101 (1975).28.Plaintiff alleges that the Defendants made false representations and/or omissions of fact to the Plaintiff concerning existing material facts as indicated herein, and that such representations and/or omissions of fact were made with knowledge or belief on the part of the Defendants that said representations and omissions of fact were false. Said representations and/or omissions of fact were made by the Defendants with the intent to induce the Plaintiff to 9 act, and Plaintiff did in fact rely upon these representations and/or omissions of fact and acted to her detriment. 29. As a proximate consequence of said willful misrepresentations of the Defendants, Plaintiff suffered damages as stated in paragraph ______.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT TWO (RECKLESS MISREPRESENTATION) 30.Plaintiff adopts and realleges paragraphs 1 - ______.31.Plaintiff brings this action against the Defendants for reckless misrepresentation pursuant to Ala. Code 6-5-100 and 6-5-101 (1975).32.Plaintiff alleges that the Defendants made reckless misrepresentations and/or omissions of fact to the Plaintiff concerning existing material facts and that said representations and/or omissions of fact were made by the Defendants recklessly or without sufficient information. Such reckless misrepresentations and/or omissions of fact were made with the intent to induce the Plaintiff to act, and Plaintiff relied on said representations and/or omissions of fact to act to her detriment.33.As a proximate consequence of said reckless misrepresentations of Defendants, Plaintiff suffered damages as stated in paragraph ______. 10 WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT THREE (MISTAKEN MISREPRESENTATION) 34.Plaintiff adopts and realleges paragraphs 1 - ______.35.Plaintiff brings this action for mistaken misrepresentation pursuant to Ala. Code 6-5-100 and 6-5-101 (1975).36.Plaintiff alleges that the Defendants made innocent or mistaken misrepresentations and/or omissions of fact concerning existing material facts. Said misrepresentations and/or omissions of fact were made by the Defendants with the intent to induce the Plaintiff to act, and the Plaintiff did in fact rely on these representations and/or omissions of fact to her detriment.37. As a proximate consequence of the mistaken misrepresentations of Defendants, Plaintiff suffered damages as stated in paragraph _______.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory damages, together with interest and costs. COUNT FOUR (DECEIT) 38.Plaintiff adopts and realleges paragraphs 1 - ______.39.Plaintiff brings this action for deceit pursuant to Ala. Code 6-5-103 (1975). 11 40.Plaintiff alleges that the Defendants deceived the Plaintiff by the willful misrepresentation of a material fact and/or the fraudulent or reckless representation of facts as true, which the Defendants may not have known to be false, with the intent to deceive the Plaintiff, and upon which the Plaintiff did act to her detriment and injury.41.As a proximate consequence of the deceit of the Defendants, Plaintiff suffered damages as stated in paragraph _______.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT FIVE (FRAUDULENT DECEIT) 42.Plaintiff adopts and realleges paragraphs 1 - ______.43.Plaintiff brings this action for fraudulent deceit pursuant to Ala. Code 6-5-104 (1975).44. Plaintiff alleges that the Defendants willfully deceived the Plaintiff with the intent to induce Plaintiff to alter her position to her injury and risk.45.As a proximate consequence of the fraudulent deceit of Defendants, Plaintiff suffered damages as stated in paragraph _______.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. 12 COUNT SIX (SUPPRESSION) 46.Plaintiff adopts and realleges paragraphs 1- ______.47.Plaintiff brings this action for suppression pursuant to Ala. Code 6-5-102 (1975).48.Plaintiff alleges that the Defendants suppressed material facts which Defendants had a duty to and were obligated to communicate to the Plaintiff within the meaning of 6-5- 102, Alabama Code (1975).49. Plaintiff alleges that the Defendants had superior knowledge and/or expertise of investment/insurance matters which was not shared by the Plaintiff, and that Defendants seized upon Plaintiffs lack of knowledge of investment/insurance matters to sell Plaintiff life insurance which Plaintiff would not have otherwise purchased if she had full and complete knowledge of the terms of the policy. 50. Plaintiff suffered damages as stated in paragraph _______ as a proximate consequence.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT SEVEN(CONSPIRACY) 51.Plaintiff adopts and realleges paragraphs 1 - _______. 13 52.Plaintiff alleges that the Defendants named in paragraphs ________ and ________, individually and as agents and/or servants/employees of Defendants MetLife and/or John Does I - V, did conspire, scheme, plan, and act in concert and in and among themselves to commit the frauds and wrongs as aforesaid in paragraphs 1 - __________ against Plaintiff, ___________________.53.Said concerted actions were done to accomplish an unlawful, oppressive, immoral, purpose and/or were done by unlawful, oppressive, immoral means to accomplish a purpose not unlawful, oppressive, or immoral.54.As a proximate consequence of said conspiracy, scheme, plan, and actions in concert, Plaintiff suffered damage as stated in paragraph _________.WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs. COUNT EIGHT(CONVERSION) 55.Plaintiff adopts and realleges paragraphs 1 - ___________.56.Defendants converted funds belonging to the Plaintiff, particularly, the _________ and perhaps other cash/monies from her policy(ies), to the Defendants own use and benefit without the permission or knowledge of the Plaintiff. 57.As a proximate consequence of said conversion of monies from said policy(ies), Plaintiff was injured and damaged as stated in paragraph ___________. 14 WHEREFORE, Plaintiff demands judgment against all Defendants, jointly and severally, in excess of the jurisdictional limits of this Court for compensatory and punitive damages, together with interest and costs..Attorneys for PlaintiffPost Office Drawer ________, Alabama BY:______________________________________BY:______________________________________ 15 PLAINTIFF RESPECTFULLY REQUESTS A TRIAL BY JURY AS TO ALL COUNTS. 16 Please serve the Defendant, Metropolitan Life Insurance Company, by certified mail, return receipt requested, at the following address:Please serve the Defendant, Agent 2, by personal process service, by Victor Houston, at the following address:Please serve the Defendant, Agent 2, by personal process service, by Victor Houston, at the following address: