Kardonick v. JP Morgan Chase & Co. et al

Filing 453

MEMORANDUM in Support re 452 Cross MOTION to Strike 451 MOTION for Summary Judgment MOTION to Dismiss 451 MOTION for Summary Judgment and in Opposition to Mr. Grant's Request for Summary Judgment by Chase Bank USA, N.A., JP Morgan Chase & Co.. (Attachments: # 1 Exhibit 1)(Campbell, Dennis)

Case Nos. 11-14538, 11-14796, 11-14797, 11-14888,
11-14891, 11-14896, 11-898, 11-14899, 11-14929

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

TREVOR GRANT, et al,
Objectors-Appellants,
and
DAVID KARDONICK, et al.,
Plai ntiffs-Ap pellees.
V.

JPMORGAN CHASE & CO., et al.,
Defendants-Appellees.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION
Civil Action No. 1 :1O-cv-23235
DECLARATION OF MARC FINK IN SUPPORT OF
DEFENDANTS-APPELLEES’ MOTiON TO DISMiSS
APPEAL NO. 11-14538
FOR LACK OF STANTMNG

rj

1, Marc Fink, hereby declare pursuant to 28 U.S.C.
1.

§ 1746 as follows:

I am a Marketing Director of Chase Bank USA, N.A. (“Chase”). My

responsibilities include managing Chase’s payment protection products, which
have been marketed under names such as Chase Payment Protector, Chase
Payment Advantage, Account Protection Plan, Total Protection Plan, Account
Security Plan, and Account Ease.

This declaration is based upon my personal

knowledge and my review of Chase’s business records.
2.

Chase maintains computerized records related to the credit card

accounts of its customers. These records include the contracts governing customer
credit card accounts, amendments to those contracts, and monthly billing
statements mailed to customers. These records were and are made at or about the
time these materials are sent to cardholders. It is Chase’s practice to make and
keep these records as part of its regular business activity.
3.

There is no indication in Chase’s account records with respect to

Trevor Grant that Mr. Grant was ever enrolled in or billed for a Chase payment
protection product. In addition, Chase’s review of Mr. Grant’s monthly billing
statements does not indicate that Mr. Grant was ever enrolled in or billed for a
Chase payment protection product.
4.

Chase’s records indicate that Mr. Grant was enrolled in a credit

insurance product called LifePlus, LifePlus is not a payment protection product,

and the benefits available under this program are not provided by Chase.
Customers who enroll in LifePlus obtain insurance under policies issued by thirdparty insurance companies American Bankers Insurance Company of Florida and
American Bankers Life Insurance Company of Florida.
5.

I understand that Mr. Grant has made three filings in this case. A

copy of the settlement objection Mr. Grant tiled in the district court is attached as
Exhibit A. A copy of Mr. Grant’s notice of appeal is attached as Exhibit B. A
copy of another filing Mr. Grant made in the district court is attached as Exhibit C.
I have reviewed these filings. Nothing in any of these three filings indicates that
Mr. Grant was ever enrolled in or billed for a Chase payment protection product.
6.

Mr. Grant attached to one of his filings certain materials related to a

credit insurance policy he purchased from American Bankers Insurance Company
of Florida. (See Ex. C, at 5-14.) These are materials that were sent to Chase
cardholders who purchased third-party insurance under the LifePlus program.
These materials were not sent to Chase cardholders who enrolled only in payment
protection products offered by Chase.
Pursuant to 28 U.S.C.

§ 1 746, 1 declare under penalty of perjury that the

foregoing is true and correct.
EXECUTED ON: March

il. 2012
,

n

4
MARC FINK

V J111111X3

Case 1:l0-cv-23235-WMH Document 332 Entered on FLSD Docket 08/16/2011 Page 1 of 3
TREVOR
GRANT
PO.BOX 3278
conroe texas 773o5
ph 936 537 0883
8.8 2011

kardonick settlement administrator
box 280
philadelphia pa 19105
0280
po.

FILEDby

D.C.

AUG 162011
S!tVEN M. LARMoRE
CLERI(U.S.OIST.CT.
5.0. of FLA. MiAM
-

r026 x07

to chase credit card holders who were enrolied in a payment
protection product betwrrn septemer
1 2004 and november 11 2010
you may entitled to a payment under a proposed class
action settlement in lawsuit entitled kardonick jp morgan
chase and cc case no 10 cv 23235 (SD.FLA)
the plaintiffs allege that chase s credit card business
engage in breaches of contract unfair and deceptive
practices and other wrongdoing in connection with
payment protection products that offer relief from credit
debt under circumstances such as unemployment.disability
or death chase denies allegations any wrongdoing
i am filing an odjection.

chases records indicate that i are a member of the settlement
ciass because i.were enrolled in a payment product on a chase
issued credit card at some time between 9.1.2004 and 11.11.2010
(3) I AM OBJECTING TO THE
SETTLEMENT REGADING THIS PORSHAN
I am filing an objeetion to the exclude yourself
from the settlement and receive no money
i am objection to give up any right to sue chase or related
parties for any known or unknown claims relating to payment
protection products.as more fully described in the settlement
i think
the court should rejectthe settlement
to the u.s.district
court for the southern district
of florida 4oo..north miami ave.miami florida 33128
i wood like to obtain the full class notice or ror more
information regarding this case.
kardonick settlement administrator.
po.box 280 philadelphia pa 19105 0280

Case 1:10-cv-23235-WMH

r

Document 332

Entered on fLSD Docket 08116/2011

TO CHASE CREDIT CARD HOLDERS WHO WERE ENROU.ED IN A PAYMENt’ PROTECTION PRODUCT
BEtWEEN
tBER 1,2004 AND NOVEMBER 11, 2010
You may be entitled to a payment under a proposed class action settlement. In a lawsuit entitled Kerdonick
u. JPMorgan O,asr & Co Case No. lv-23235 (S.D. Ra.). the Plaintiffs allege that Chase’s credit card business
engaged in breaches of contract, imfair Wdeceptive practices, and other wrongdoing it’ connection with
“paymenrprotectlon pr(;ducts—IJroiuc!5 that offer relief from credit card debt under circumstances such as
unemployment, disability or death. Chase denies these allegations and denies any wrongdoing.
Chases records indicate that you are probably a member of the settlement class because you were enrolled
in a payment protection rodct on a Chase.(ssued credit card at some time between 9/1/2004 and 11/11/2010.
Class members may (1) file a claim for money from the settlement, (2) exclude themselves from the settlement.
or (3) object to the settlement. To file a claim, go to www.KardonickSettlenwnt.com or write to the Kardonick
Settlement Administrator at the address below, lithe cttlement Is approved, estimated claims payments will
be between $15 and Sf0, before administration costs, attorney fees, and legal expenses. You cannot receive a
pnysnent unless your claim is received by 6/8/201 1
ii you want to ex(iude yourself from the settlement (and receive no money from the settlement), the Kardonick
Settlement Administrator must receive your request for exclusion no later than 8/19/2011 at the address below.
if the settlement Is approved, all class members who do ‘not exclude themselves will give up any right to sue
Chase or related parties for any known or unknnwn claims relating to payment protection products, as more
fully described hi the settlenwnt. It you think the Court should reject the settlement, you or your attorney may
send a written objection to: U.S. District Court for the Southern District of Florida, 400 North Miami Ave., Miami,
FL 33128. Objections must be received no later than 8/19/2011. Objectors who send in timely objections may
speak about the settlement In Court at a hearing currently scheduled for 9/9/2011. To obtain the full instructions
for ezdudlng yourself or flling an objection, go to www.KardonickSettlement.com or write the Kardonkk
Settlement Administrator at the address below.
This Is only a summary of the settlement and your rights. To obtain the full class notice or for more information,
go to www.KardonickSettiement.com or write to Kardonlck Settlement Administrator, P.O. Box 280, Philadelphia,
PA 19 105-0280..DO NOT CALL THE COURT, CHASE OR CHASE’S COUNSEL REGARDING THIS NOTICE.
QiasriuNs? CA.L ToI.L-r)wr

800-2202204

OR visrr www,x.RnofIcKsrrrtF.MeNr.coM

FILED byJ%’ D.C.

AUG 16 2011
STEVENMjRjQ
CLERK U. S. DjST. CT.
S. D. of FLA. MFAMj

Page 2 of 3

Case 1:10-cv-23235-WMH Document 332 Entered on FLSD Docket 08/16/2011 Page 3 of 3

r

Kri& Settlement Mmlnlstrator

RO.Box 280
PhlladelphLa. PA l9IOSO28O

FIRST CLASS
MAIL

SORrEfl

flRSr CL4&S MAIL

I

I

ui posr&

PERI.4JT NO. 2323
PHILAV€IJ’HIA. PA

1111i1 1111I1 11111II
R026X07

****t*k***LL FOR AAOC 773
T933 P1
TREVOR GRANT
P0 BOX 3278A
CONROE, TX 77305

jIIIiIaII.ttIaihlIlitIIljilIIIIIIj)I111j1I1tIr1Illl0Pl1lII

4..

I
I

j

II LIfflHIX3

Case 110-c -23235-WMH Document 387 Enterei on PLSD Docket 09/2912011 Page 1 of 1
u..cristrict
court
southern dist
rict of florida

TREVOR GRANT
PO.BOX
3278
conroe texas 7730!S
936 537 0883
9.26 2011
plaintiff,
case.1.10.cv 23235 wmh

united states district court
southern district of florida
400 north miami avenue
miami.florida 33128.7716

# 384

DAVID KARDONICK,INDIVDUAL
LY AND
behalf of all similarly situated THE
and the
eneral
ublic
p1.intiff,
V.

JPMORGAN CHASE & CO.
BANK, N.A.

AND CHASE

-

o.c.

1-Il-

SEP 292011
STEVEN M. LARiMQ
CLERK U S DST Ci

defendants.

i am filing on objectin this
final JUDGMENT
AND APPELING THIS FINAL JUDGMENT
the court fainess hearing is on
fair and just
on
september 9.2011 notice of this fair
ness hearing
been duly given and having giv
ing the us mil the
to be deliverd and review docu
ment from the court
or and attorneys I am asking this
court for time
not lest than 30 c.alinders
days in orded for all
partis to be represented and
up on this finding
i am asking this court for
a retrial
and for this court is on improper
venue an and
inconvenient
forum,
19
and for reason this
settlement shouc3 be terminated and
not be final
approval does not occur then the
amended cnsolidated
class action complaint shall be
dismissed.
and not
final

J IIIIIHX3

Case 1:1Ocv-23235-WMH Document 438 Entered on FLSD Docket 12/29/2011 Page 1 of 14

TREVOR
GRANT
PC BOX 3278
conroe texas
773o5
936 537 0883
12 26 2011

UNITED
STATES DISTRICT
COURT
SOUTHERN
DISTRICT OF FLORIDA

PLAINTIFFS.

C.A.NO.

1.1O.cv.23235

iam filing

on objections.

and

.wmh

a law

suit

DAUID
KARDONICK.JOHN DAVID AND MICHAEL CLEMINS.
INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS SIMILARLT
SITUATED.
JPMORGAN
CHASE & CO.AND CHASE BANK USA.N.A.
AND THE AMERICAN BANKERS INSURANCE COMP
ANY OF FLORIDA
DEFENDANTS.
PLAINTIFFS.MOTION
TO DIRECT OBJECTORS TO POST APPEAL BOND
AND INCORPORATED MEMORANDUM OF LAW IN
SUPPORT
INTRODUCTION
LEAD PLAINTIFFS DAVID KARDONICK.JOHN
DAVID AND MICHAEL
CLEMINS.ON BEHALF
OF THE CERTIFIED CLASS ( COLLECTIVELY.
PLAINTIFFS) RESPECTFULLY SUBMIT THIS
MOTION AND MEMORANDUM
OF
LAW
IN SUPPORT
I AS ON OBJECTORS IS REQUIRING TO COLL
ECTIVELY POST A $ 35.000
appeal bond in this case the plaintiffs
attorneys have not
incoraped the american bankers insuranc
e company of florida
in all its finding and dat is reasen for
my objections and my
law suit
the
amount of insurance unemployment coverage
per insurance
per account is $ 25.000 and when compo
unded by 15.000 000
account the
amount $ 2.223.000 000 wort of misstake by lead
plaintiffs and administration base on such findi
ng i am asking
the court to dismiss the requirement of an appeal
bond under
appellate rule 7
is left to the discretion of the district
court and the appellate jurisdictionaj in
the federal system of
procedure is purely statutory)
adsani v,miller.139 f.3d 67.
76.77 (2nd cir.1998)
the right to appellate review in
federal court is conferred by statu
te alone) and is not a law
this case i am asking this court
to dismiss the requirement
of on appeal bond or security
of any types.

Case l:10-cv-23235-WMH Document 438 Entered on LSD Docket 12/29/2011 Page 2 of 14
case

c.a.no.1,10.cv.23235.wmh

page 2

claimant trevor grant
account no xxxxxxxxxxxx 8707
claim number
g5873931 on june 22. 2oo9 this claim wos file an
time we have no work and now became unemployed and stãte:dosenot
have
unemployment for busines owners
voluntary forfeiture of salary.intentional surrendering
of employment income
we we/ii.us.and our .american bankers
insurance company of florida.
you ,and,your, the primary insured debtor the person whose
name the accunt is issued in and named in the schedule
who may be referred to as he, his,and him,regardless of gender,
insuring

agreements

in return
for the payment of premiums we will insure
i.advances made by you to your revolving account
adgi 39cq. 0499
claims
when
you or a benefiary named in your credit insurance policy
fies a claims promptly if the insurance company failes to meet
the
claims processing
and payment deadlines in the insurance code and in
the policy you or the named beneficiary has right to collect
18%
annual interest and attorneys
fees in
addition to claim amount. n 1726.0993
important
information abount coverage under the texas life.
accident
health and hospital service insurance
guaranty associatin for insurers insolvent or impaired
on after
september 1.2005.
texas law establishes a system abmistered by the
texas life .accident.health and hospital service insurance
guarant association( the association ) to protect texas
policyholders of insurance companies which are members
of the
association are eligible for this protection
which is subject to the terms.limitation .and condition
of the association law ( the law is found in the texas
insurance code .article
21 .28..d.)
if an insurance company violates your rights
you have the
right to sue that company in court
including small claims
court.with or without an attorney or file
a complaint
with the texas department of insurance
you and your beneficiary have the right to reject any
settlement amount offered by the insurance
company
if the amount of your insurance coverage exceeds the
loan pag ,off ,the settlement must include a cash
payment for the excess amount

Case 1:10-cv-23235-WMH Document 438 Entered on FLSD Docket 12/29/2011 Page 3 of 14

case c.a..no.1.

1O.cv.23235.wmh

page 3
texas and federal law give
you certain rights regarding
credit disability ( also
called credit accident and
health) and involuntary unem
ployment insurance this bill
of rights identifies your mos
t important rights but it does
not include all your rights
also there some exceptions
to the rights listed here if
your creditor seller.agent
company or adjuster tells you
that one of these rights does
notapply to you contact the
texas department of insurance
involuntary unemployment ben
efit we will pay a monthly
benefit if your loss of emp
loyment not excluded
from coverage.or
temporary unemployment due to
labor disputes.strike.or long
as you are not.
a. participating interested in
.or helping to finance
the strikes or labor dipute,
or disqulified from receiving
unemployment benefits under
the state.s law with regard to
your participation in a stri
ke or labor dispute.
my right is violated by
the american bankers insurance
company of florida
lifeplus
the summary of this insurance
i am asking for a sum of
$ 5.000 .000 in damages
for one contractholder regardless
of the number of
contracts aggregate limit and for
$ 500.000 for court
cost and attorney fees plus to
ristore all credit
reporting agances
record

Case 1:1O-cv-23235-WMH

Document 438

Entered on PLSD Docket 12/29/2011

case c.a’..no..1..1O.cv.23235.wmh

EXHIBIT. A

Page 4 of 14

Case 1:10-cv-23235-WMH Document 438 Entered on PLSD Docket 12/29/2011 Page 5 ot 14

AMERICAN BANKERS INSURANCE COMPANY
OF FLORIDA
11222 Quail Roost Drive, Miami, Florida 33157 [phone]

SCHEDULE
PRIMARY INSURED DEBTOR

AGE

42

TREVOR GRANT

OIRTHDATE
MO
DAY YR

06I1966

ACCOUNT AND CERTIcICATE NUMBER

MAXIMUM AMOUNT OF INSURANCE
LIRST BENEFlCARV (CREDiTORl

JPMORGAN CHASE BANK N.A

5222760060228707
B5694CB -0707

s

25.000

PREMIUM CHARGE PER$CO PE MONTH

THE PREMIUM CHARGE FOR THIS INSURANCE IS BASED ON THE FOLLOWING METHOD
x
r
Daily Balance
cr
Ending OilIng BaIane
Mony il-ale
MOflUy rda
WAITING PERIOD
MAXIMUM NLMBER OF MONTHLY BENEF.TS

Daily Balance
Gary Rae

—

30 DAYS RETROACTIVE TO FIRST DAY OF UNEMPLOYMENT

]

2 VONTHU

THE PRIMARY INSURED DEBTOR WILL BE THE PERSON WHOSE NAME APPEARS PRST ON
THE HILL NO STATEMEN
UNEMPLOYMENT COVERAGE ONLY COVERS 1 HE PRIMARY INSURED DEBTOR
EFEECTVE DATE MONTH

SEE SUMMARY PAGE

AF9996DQ-0499

AF-il96DOC
5S694Zllc

Case 1:10-cv-23235-WMH Document 438 Entered on PLSD Docket 12/29/2011 Page 6 of 14

AMERICAN BANKERS LIFE ASSURANCE COMPANY
AMERICAN BANKERS INSURANCE COMPANY
OF FLORIDA
11222 Quail Roost Drive, Miami, FL 33157-6596 [phone]

Consumer Bill of Rights For
Credit Life, Credit Disability, and Involuntary Unemployment Insurance
AVISO: Este documento plantea sus derechos como asegurado. Usted tienc el derecho de Ilamar
a so compañia y ped;rie una
copia en espaflol de sus derechos conio asegurado.

INTRODUCTION

4,

This Bill of Rights is a summary of your rights and does no!
become a part of your policy or certificate. The Texas
Department of Insurance adopted the Bill of Rights and
requires insurance companies to provide you with a copy
when they issue you a policy or certificate.

The iiç fri means the total dollar amount
you have to pay during the term of the loan in order
to get a loan Ycc creditor must tell you in writing
the total cost of credit (finance charge) and the annual
percentage rate (APR). If your creditor retuires credit
insurance, then these figures must include the credit
insurance premiums.

Texas and Tederai mw give you certain tights regarding
credit life, credit disability (also c5led credit accident and
health), and involuntary unemployment insurance. This Bill
of Rights identifies your most important rights, hut it does
not include all your rights Also, there are some exceptions
to the rights listed here. If your creditor, seller, agent.
company, or adjuster tells you that one of these rights does
not apply to you, contact the Texas Department of Insurance
at I -800-252-3439

6.

‘tins Bill of Rights does not address your responsibilities
Your responsibilities concerning your insurance can be
found in your policy. Failure to meet your obligations may
affect your rights

You have the right to use other insurance policies
instead of buying credit insurance. For example, you
can use a term life policy hi satisfy the requirement
for credit life insurance. If credit insurance is required,
your creditor must tell you about tins rmht befoi e
r our credit transaction is completed

7

if your creditor offers to sell you credit insurance, you
have time right to be told in writing t lie bill cost if the
credit insurance before you buy it,

i’our cretiitor and insurance company Cannot make
untrue, misieading, or deceptive statemen,s to you
rclaiing to insurance.

INFORMATION
1.

2

if you buy ciedit insurance, your creditor must give
you a copy of your application for or notice t4
proposed insurance, a certificate, or a policy tat the

You have the right to call the Texas Department of
Insurance free of charge at 1-800-252-3439 to learn
more about.
• your rights as an insurance consumer;
• the license status of an insurance company or
agent,
• an insurance company’s financial condition;
• the complaint ratio and type of consumer
complaints filed against an insurance company;
• an insurance company’s rate as compared to the
maximum rate set by the State, and
• other consumer concerns.
You have the right to a toll-free number to call your
;nsurance company free of charge with questions or
complaints. You can find this number on a notice
accompanying your policy or certificate. This
requirement does not apply to small insurance
companies.

time your loan is made. If you are riot given the

policy or certificate at the time the loan is made, the
insurance company must send you the policy or
certificate within 45 days
The policy, certificate, application, or notice of
proposed insurance must include the name and he oe
office address of the insurance company and the
amount and ieirim of tile poaicy. ‘ne appiicauori HiU.
also include a brief description of the covera,QeS
provided by the policy.
9.

The insurance company must use policy forms that
have been approved by the Texas Deparu’ncnt of
Insurance, Iates must also be approved except for
credit life or disability insurance where the term
of the loan or otlcr credit transaction is more
than 10 years;
• crcdmt insurance cc fmrst morty:.ges arid
commercial property loans; and
• credit life and credit disability insurance which is
paid for by your creditor

to.

If the premium for your credit insurance has ncc been
fixed or approved by the Texas Department of
Insurance, you must be told this in writing.

BUYING INSURANCE
3

NI

You have the right to a written notice clearly stating
whether you are required to provide insurance in
order to reccve credit, and if so. what type of
insurance is required.

72E-0993

Case 1:10-cv-23235-WMH Document 438 Entered on FLSD Docket 12/29/2011 Page 7 of 14
CANCELLATION AND REFUNDS
it

•

12.

processed and paid promptly The insurance company
must settle a claim within Iwo months from he date it
receives:
•
proof of death: and
•
proof that the claimant has the right to the
proceeds.

You have the right to cancel the insurance policy
at
any time if you bought optionai credit insurance
Or if
you have substitute coverage for tequired
credit
eourance When you cancel:

you have the right to receive a oremium refund
or the remaining policy term if you wee
charged a premum for the full term of the credit
contract The refund may be credited to your
account immediately or hen you pay off your
loan
th creditor must discontinue the charge if the
insurance premium is charged monthly en
a credit card.

You and your benefictarv have the ngm to retect any
settlement amount offered by the insurance company
If the amount of your insurance coverage exceeds
the
loan pay-off. the settlement must include a cash
payment for the excess amount.

17

Ii an insurer retects a clatm against your credit
insurance policy, you and your beneficiary have the
ughi to a written notice stating the reasons for the
retection

18

You and your beneficiary have the right to he treated
fairly and honestly when maktng a claim If you
believe an insurance company has treated you
unfairly, call the Department of Insurance.

19

Even ii your credit card account requires credit
inse.ance, you have the right to cancel that insurance
if Your creditor changes insurance companies

16

The credit insurance company cannot deny your claim
or your beneficiary’s claim because ou macic a false

Th:rty (301 days before the change takes effect, the
creditor must g:ve you written notice Of
•

•
•
i,

us decisian to change insurance cornoanies:

any substantial decrease in coverage; and
any change in the premium,

statement on your application unless the insurance
company:
•
proves that the misstatement was material to your

ti you:

• pay off your loan earls; or
• cancel a policy,
the insurance company must calculate your refund
using the refund formula set out in your policy or
certificate of insurance. ‘Ihis rght does not apply if
your refund is less than one dollar.

•

risk or actually contributed to the cause of your
claim: and
notifies you that the contract will not be honored
within 90 days of the dale the comp:inv or its
agent discovered the statement was false

NFORCiNGBiIS
ou ot a beneiieiaty named in your credit
insurance policy files a churn, the insurance compa
ny
‘oust process and pay the iaitn promptly. If
the

“‘tifl

21)

insurance company fails to meet the claims processing

ard paymem deadlines in the Insurance Code and
in
the policy, you or the named beneficiary has the right
to collect 18% annual interest and attorney’s
fees in
addition to the claim amount
Generally, your insurance company must approve or
deny the cla:m within 36 days after the compa
ny
receives notice of your claim (plus the time you or
the n:iined beneficiary iake Lu provide requested

information) unless the company notiftes you
rnrner! bereftmao thet m’-’re tote is ne’ece or the
d ond
states the reason. This additional period of time
cannot exceed 45 days.
if the claim is approved, your insurance compa
ny
must pay the claim within 5 business days after
they

notify you they have accepted your claim.
15,

Even if the beneficiary is not named in your credit
iiI
insorance policy, a claim on the policy must be

N1 726-0993

Pe 2

You have the right to complain to the ‘texas
I )epartment of Insurance about any insurance
company and/or insurance matter arid ii) receive a
prompt investigation and response to your complaint.
To do so, you should
• call 1-800-252-3439;
•

write

to

the

Texas

Department

of

tnsurance.

Consumer Services (111-IA), P.O. Box 149091,

•

Austin, Texas 78714-9091; or
fax your complaint to [phone]

21

If an insurance company violates your rights, you
have the right to sue that company in court, including
small claims court, with or without an attorney, or file
2 complain’ with the Texas Department of !nserao
ee

22.

You have the right to ask in writing that the Texas
Department of Insurance make or change rules on
any credit insurance issue that concerns you. Send
your written request to Texas Department of
Insurance, Attention: Comm:ssioner (112-IA). PC’)
Box 149104, Austin, Texas 78714-9104

Case 1:10-cv-23235-WMH

Document 438 Entered on l’LSD Docket 12/29/2011 Page 8 of 14

AMERICAN BANKERS INSURANCE COMPANY
OF FLORIDA

11222 Quail Roost Drive, Miami, Florida 33157 [phone]

CERTIFICATE OF INVOLUNTARY UNEMPLOYMENT INSURANCE
UNEMPLOYMENT ONLY COVERS YOU. IT IS NOT JOINT INSURANCE.
Disclosure of Guaranty Fund Non-Participation
in the event we are unable to fulfill our contractual obliga
tion under this policy, You are not protected by an
insurance guaranty fund or other solvency protection arrang
ement..

30 DAY RIGHT TO EXAMINE CERTIFICATE

“Maximum amount of insurance” the total amount of
insurance We will pay as a benefit during any one claim
period.
-

You have the right to examine Your certificate for 30
days. 11 You are not satisfied, You may return ii to Us
or Your Creditor for a full refund. When We or Your
Ciedftor rI.a,eivc YOu CiiiCatL.
1.
any payments made for it will be refunded to
You; and
2.
It will be deemed void from the beginning.

“Maximum number of benefits”
the total number of
bcnefu We ,fl py dunng cl,;:m per:od.
-

,‘.

“Primary insured”

-

also called “You” or “Your”.

“Retirement”
withdrawal or removal from
employment due to concluson of working career
-

DEFINITIONS
“Benefit”
the greater of. 1) six percent (6%) of The
Insured’s outstanding balance due on the date of
involuntary unemployment; or 2) the scheduled minimum
monthly payment due on the account on the date of
involuntary unemployment.
Business day”’
a day other than Saturday, Sunday or
holiday recognized by the State of Texas.

(

active

“Seasonal employment”
any occupation which is
performed part of the year, every year. The pcrftrmance of
(Ins occupation results in Your being unemployed around
the same time each year. Seasonal employment also
includes occupations which cannot be performed due to
weather or seasonal conditions.

-

“ContePIng stockholder” an individual who holds more
than 50% of tue voting stock of ills company.

“Self employed” or “lndependern contractor”
an
individual who agrees to perform certain actions for another
and is responsible only for the results, hut, not subject to
direction of the party hiring 1Dm.

‘Disability”
an injury or sickness which prevents The
Insured from performing His or any occupation.

“Strike”
A work stoppage by the employees of an
employer to force employers to concede to some demand

“Effective Date” the date the Certificate is put in force. It
is shown on the schedule attached to the Certificate.

“The Creditor” the Credit r who holds the Group Master
Policy; and to whom the debt is owed.

“First Beneficiary Creditor”
The Creditor who will
reCevc the berefes to pay off er reduce ‘jur debt during a
claim period.

“Temporary unemployment”
unemployment designed
to last six (6) roriserutive month’; or less.

-

-

-

-

“in force” the Certificate is in effect; premiums are paid;
and all conditions are met
‘Involuntary Unemployment” the uncontrollable loss of
Your employment from Your employer
-

Labor dispute” a trade or labor union work stoppage for
concessions from the employer which involves more than
one person.
-

‘Lockout’ the temporary closing of a place of business or
firing of employees to discourage union activities or win
concessions by the employer.

AD9 I 39CQ-0499

-

-

-

“Voluntary forfeiture of salary”
of employment income.

-

“We, ‘We’ll, us” arid “Our”
Insurance Company of Florida.

intentional surrendering

-

American

Bankers

‘You’ and ‘Your”
the Primary Insured I)ebtor. The
person whose name the account is issued in and named in
the schedule who may- he referred to as “He, “His” and
“Him” regardless of gender.
-

-

INSURING AGREEMENTS
In return for the payment of premiums, We will insure
1.
advances made by You to Your revolving
account;

Case 1:10-cv-23235-WMH Document 438 Entered on FLSD Docket 12/29/2011 Page 9 of 14
2

Your revolving account up to the maximum
amount of Insurance stated on the schedule.

The Certificate is subject to the provisions of
the Group
Master Policy We issued to The Creditor.
Cocrage for one account is limited to the maxim
um

amount of Insurance shown in the schedule.

The Certificate evidences coverage on Your revolv
ing
account. It continues as long as there is an open
balance in
the revolving account(s). Insurance coverage will:
I.
cease when Your revolving account does not
reflect an open balance; and
2.
automatically be reinstated when there is an open
balance.

PREMIUM CHARGE
The premium charge for Your insurance is based
on Your
previous months balance and is based on one
of the
following methods:
I.
if the charge is per day the daily rate times each
days balance. The sum of these daily charges
during the prior month is then obtained; or
2
JLpb.
a.
the average daily balance times the monthly
rate; or
h
the ending billing balance times the monthly
rate.
-

We may change premium rates subject to approv
al by the
Texas Department of Insurance. We will notify You:
I
within 30 days and prior to the change; and
2.
setting forth the rcviscd rates and effectivc: date

3.

<in

What we wont pay: In no event will the total benefit
payments exceed:
1,
the maximum amount of Insurance shown on
the schedule; or
2.
the maximum number of benefit payments
shown on the schedule (if any), or
the amount outstanding on Your revolving
3
account and interest which shall accrue thereon,
on the first day of involuntary unemployment,
or
4
your maximum credit limit amount.
The benefit payments will ri.ot include:
I.
any past due amounts; or
2.
any late charges.
When benefits stop: We will stop paying benefits when the
eariesI of the following occur:
I.
You are not involuntarily unempioyed anymore;
or
2
We have paid an amount equal to the outstanding
balance on the date You became involuntarily
unemployed; or
We have paid the maximum amount of
3
Insurance shown in the schedule; or
4.
We have paid an amount equal to Your
maximum credit limit amount; or
5.
We have paid the maxImum number of
benefits indicated in the schedule (if any).
llib1iiltQLJrnefils
Ic) be eligible for unemployment
txnefit You m’,st
I
be insured under this plan at the time of
Involuntary unemployment; :ind
2
provide proof that You are registered with:
a.
Your states unemployment office: or
b.
a recognized employment agency.

An increase in rates will not be retroactive

INVOLUNTARY UNEMPLOYMENT PROVISIONS
Involuntary unemployment benefit: We will pay a month
ly
benefit if Your loss of employment income results from:
I.
an involuntary loss of employment not excluded
from coverage; or
2
temporary unemployment due to labor
disputes; strikes; or lockouts, as long as You
are not:
a.
participating; interested in; or helping to
finance the strike or labor dispute; or
b.
disqualified from receiving unemployment
benefits under the state’s law with regard to
Your participation in a strike or labor

Upon Our request and at reasonable intervals, You will give
proof of Your continuing unemployment.
Registration with ‘Your state’s unemployment office or
employment agency must:
l
begin within 30 days after the date of involuntary
uriCiTphiymcl1t;

2

and

continue for the entire period of the claim.

giui’ We will not pay benefits for unemployment
caused by or resulting from:
1.
retirement: or
2.
normal seasonal unemployment; or
3.
voluntary forfeiture of salary. wages. or

dispute.

You roust be involuntarily unemployed for more
than 30
consecutive days.

employment

1aLWill’: We will make benefit payments:
1
after the 30 day waiting period has been met
(benefits will be retroactive to the first day);
2.
while
the
involuntary
unemployment
continues (subject to any maximum benefits
payment limitation shown on the schedule, if
any): and

4.
5.

6.
A091 39CQ-0499

based on Your outstanding accourii balance
the date of involuntary unemployment.

Pg 2

income,

unless

circumstances

surrounding forfeiture do not prohibit You from
collecting
benefits
under
the
states
unemployment law; or
a dIsability; or
You being notified either orally or in writing of
pending unemployment or discharge by Your
employer with 60 days prior to Eflective Date of

Your certificate; or
discharge by Your employer for cause, such as

AD13 DOC/P
S6a4Z.1 103

Case 1:10-cv-23235WMH Document 438 Entered on FLSD Docket 12/2912011 Page 10 of 14
IMPORTANT INFORMATION ABOUT COVERAGE UNDE
R THE
TEXAS LIFE, ACCIDENT, HEALTH AND HOSPITAL SERV
ICE INSURANCE GUARANTY ASSOCiATION
(For insurers declared insolvent or impaired on or after
September 1, 2005)
Texas law establishes a system, administered
by the Texas Life, Accident, Health and Hospital Servic
e Insurance Guaranty
Association (the Association), to protect Texas policy
holders if their life or health insurance company fails
Only the policyholders
01 insurance companies which are members
of the Association are eligible for this protection which
is subject to the terms,
limitations, and conditions of the Association law (The
law is found in the Texas Insurance Code. Article 21 .28-D.
)

It is possible that the Association may not cover
your policy in full or in part due to statutory limitations.
ELIGIBILITY FOR PROTECTION BY THE ASSOCIATI
ON
When a member insurance company is found to be insolve
nt and placed under an order of liquidation by a court or
designated as
impaired by the Texas Commissioner of Insurance, the
Association provides coverage to policyholders who are:
•
Residents of Texas at that time (irrespective of the policyholder
’s residency at policy issue)
•
Residents of other states, ONLY if the following condit
ions are met:
1.
The policyholder has a policy with a company domiciled in
Texas;
2.
The policyholder’s state of residence has a similar o’iarantv assncia inn
t
and
3.
The policyholder is not eligible for coverage by the
guaranty association of the policyholder’s state of residence.
LIMITS OF PROTECTION BY THE ASSOCIATION
Accident, Accident and Health, or Health Insurance:
•
For each individual covered under one or more policie
s: up to a total of $500,000 for basic hospital. medical-surgi
cal. and
major medical insurance, $300,000 for disability or long
term care insurance, and $200000 for other types of
health
insurance.
Life Insurance:
•
Net cash surrender value or net cash withdrawal value
up to a total ol $100,000 under one or more policies on
any one life; or
•
Death benefits up to a total of $300,000 under one or more
policies on any one life; or
•
/
Total benefits up to a total of $5,000,000 to any owner
of multiple non-group tile policies.
Individual Annuities:
•
Present value of benefits up to a total of $100,000 under
one or more contracts on any one life.
Group Annuities:
•
Present value of allocated benefits up to a total of $100,0
00 on any one life; or
Present value of unallocated benefits up to a total of
$5,000,000 for one contractholder regardless of the number of contrac
ts.
Aggregate Limit:
•
$300,000 on any one life with the exception of the $500,0
00 health insurance limit, the $5,000,000 multiple owner life
insurance limit, and the $5,000,000 unallocated group annuit
y limit.
•

‘.

Insurance companies and agents are prohibited by
law from using the existence of the Association for the purpos
e of
sales, solicitation, or inducement to purchase any form
of insurance. When you are selecting an insurance compa
ny, you
should not rely cn Association nnvran.
Texas Life, Accident, Health and Hospital
Service Insurance Guaranty Association
6504 Bridge Point Parkway, Suite 450
Austin, Texas 78730
800-982-6352 or www.txlifega.org

N2396-0905

Texas Department of Insurance
P.O. Box 149104
Austin, Texas 78714-9104
800-252-3439 or www.tdi,state.txus

Case 1:10-cv-23235-WMH

Document 438

Entered on FLSD Docket 12129/2011

Page 11 of 14

AMERICAN BANKERS LIFE ASSURANCE COMPANY
OF FLORIDA

AMERICAN BANKERS INSURANCE COMPANY
OF FLORtDA
P0. Box 105239, Atlanta, GA 303485239

LIFEPLUS
SUMMARY PAGE

Primary Insured:

TREVOR

GRANT

Joint Insured:

Creditor.

JPMORGAN CHASE BANK N.A

Account No.:

8707

Effective Dale:

Cerl;lcate No.:

85694CB

0707

30 DAYS PRIOR TO THE BILLING DATE FOR WHICH A PREM
IUM IS FIRST CHARGED

Maximum Amount of
Insurance per Account:

$ 25,000

Monthly Premium per $100.00 of Insured Debt:
S 0.0000
INVOLUNTARY UNEMPLOYMENT

S 0.1900

$ 0.0000
$ 0.0000

Totai

S 0.1900

This page is a part of your policy and should be kept
with it. THIS IS NOT A BILL. Premiums will he charged to
your account by Chase Manhattan Bank USA National Associ
ation.
PLEASE NOTE: Al the time you accepted the offer
for this valuable credit protection program. you may have
responded to a solicitation quoting the Charge
gard name. 11 so, please know that the LifePIus” and
CharQegard” programs are one and the same. lifePlu
s” offers the same rates coverages. and bencits for
which you originally selected the Chargegard
Program.

1QO39
liulU)
CFSC2SUM cX-cwo7

Case 1:]j.

438 Entered on FLSD Docket 12129/2011 Page 12 of 14

09/20/08

il

till Iii •

TREVOR GRANT
PD Box 3278A
CONROE TX 77305-3278

ii IlilIllIllIlIt II

liii

Dear Chase tustorner
Thank you for your participanon in
LifePlus
the plan designed by Assuraur Solutions
you and your family in times of finan
to help
cial difficulty.
As requested, enclosed arc cOpi
es 01 your Cerril icates of
Insurance underwritten by Assurant
Solutions companies na shown on
the reverse side of tins letter. Alter revie
wing your ceiitfwaies
thoroughly, please be sure to tile them
willi your oilier important documen
ts br I uture relererwe
Ii you have any questions reg:irding
your LilePlus henelus, please call Assu
rant Solutions toll-free
at 1-877-268-0983 from S n.m -10 p.m.
Monday-Friday and it) n.m -5
p in Saturdays Eastern
Staud..’J Tare.

Sincerely,

Michael J. Barrett
President
Chase Manhattan Bank USA, National
Association
Enclosures

195089
CHC2L’CD

09,05

0610611966

8707

Case
Company of Florida
cia DFS Cms and Ac

38
ç

Entered on FLSD Docket 12/29/2011 Page 13 of 14
F46

39cn$, p0 Bax 979020, Mnc ft 33197-9020

June 22, 2009

TREVOR GRANT
P0 BOX 3278A
CONROE TX 77305-3278

I

1e

lIII liii I •i. Il 111111111 .I

I
1
Il tII

-

Claimant ‘lREVQR cPNT
Account No,: xxxxxxxxx.xxx8707

Liatm Number (5/393i

Your claim has been received by the Financial
Claims Departmenr. Please note your claim
number above.
IMPORTANT!

• To keep your account in good standing, pleas
e continue o make
paymelit until your claim has heen approved
.
• Please allow fifteen (15) business days
br your claim

tO

your

monthly

1)0 processed

• Upon approval of disability or unemploymen
t claims, a claim form will he h)rWarded
to you which provides the amount of paym
ent and per;od being covered.

• Upon approval of property claim, an approval
letter will he forwarded to you
Thank you for the opportunity to serve you.
Sincerely,
DFS Claims and Activations
Tel: [phone]
Fax. [phone]

vw. benefitactivations corn

! l 1LI il i1 1 1 1 I Ah1I 1II1 1l1IllI1 I1 l Il 1 I 1IHIl I1If IhI I I1U11 1 1h1 1 I Ah1I1A I1U 1IA1l
000cXJICOR EPOiGn$7n$31 F46

Case 1:10-cv-23235-WMH

Document 438

Entered on PLSD Docket 12/29/2011

IMPORTANT NOTICE

AVISO IMPORTANTE

Ta obtain uiformation or make a complaint.
\ou may call the Company s toil-free
iiiormairon or to make a complaint at:

Page 14 of 14

Par-a

number

for

obtener iniormaciOn o pars someter tins queja

Usted pue.de liamar al numero de telrifono gratis de Is
cornpaha pars intormacion 0 pars someter ens qucia al

1-800-852-2244

1-800-852-2244

You may contact the Texas Department ot insurance to
obtain uiformaion on companies. coverages, rights or
complaints at:

Puede comunicarse con ci Departamento de Seguros de
Texas pars obtener información acerca de compahIas
coberturas derechos o quetas al

1-800-252-3439

1-80-252-3439

You may write the Texas Department of Insurance

Puede escrihir al Departamentu de Segtiros de Texas

PC). Box lr910i
Austin, TX 78714-9104
Fax (S12) 45-1771
Web http;/ww.tdtstatetxus
E-mail: Cc isumerProtectioir@tdjsraterxijs

P.O Box 149104
AuStin TX 78’ 14—9104
Fax: (512) iS-lE1
eis: http:i/www.tdi state tx us
E-mail ConsumcrPretecrion@rdi stare tx. us

PRIMIUNIS OR CLAIM DJsprrns:
Should ou have a dispute colnenhing your premium or
a bout :t cIa im you a hot ild contact the company first
IL
the dispute is riot resolved you may contact lie Texas
1)cpart mint ol Insurance.

INSPI TAS SOBRII PIUMA.S 0 RECLANIOS:
Si tietie mis dispirt concertiierrre a an prima o i tin
reclamo, debe cemunicarse (Oil hi compatuis pomero Si
no se resutlve Is disputa
piiede enrouces omiluicarse
(0! i C I (IC 54 name ttto (‘11)1

vv1(:1I 11115 Norl(;L TO YOUR POlICY:
hits 1101cc is for nin rmatro ii or ii y 511(1 t hoes riot lxco ni e
cr condition of the :ittachecl document

(SA ESTE AVIS() A 511 P()IiZA:
Fate aviso es solo pars propasito ile uiforrnachu v no se
(oIlVtertc III
I) ioiyhicioii del documenro ailtunto

:i

Ml 755-0707
M175SZDcXLO7