Montague v. Dixie National Life Insurance Company et al

Filing 126

ORDER awarding damages to the plaintiff in the amount of $3,396,789.55 consisting of actual damages and prejudgment interest for each individual class member and awarding post-judgment interest to accrue at the following rates: Class Members 1-8 (CP1001) 18%, Class Members 9-10 (CP1001A) 18%, Class Member 11 (CP1003) 0.18%, Class Members 12-53 (CP1004) 9%. Signed by Honorable Joseph F Anderson, Jr on 06/20/2011. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Phyllis Gaither Montague, on behalf of )
herself and all others similarly situated, )
)
Plaintiffs,
)
)
v.
)
)
Dixie National Life Insurance Company,)
and National Foundation Life Insurance )
Company,
)
)
Defendants.
)
_________________________________ )

C/A No.: 3:09-cv-687-JFA

ORDER

This order follows the court’s order of June 20, 2011, in which it found that the
above-named Defendants breached the terms of the supplemental insurance policies it
entered into with the Plaintiffs. After granting the Plaintiffs’ motion for summary
judgment with respect to damages, the court now finds that the Defendants owe the
Plaintiffs damages in the amount of $3,396,789.55, which consists of actual damages and
prejudgment interest for each individual class member as of the date of this order. The
court finds this is the amount owed based upon the calculations of Plaintiffs’ expert
George DuRant, whose calculations the Defendants did not oppose. The court further
orders that post-judgment interest shall accrue at the following rates, which were
established by the policies entered into between the parties, except for Class Member 11,
whose post-judgment interest rate is established by 28 U.S.C. § 1961(a):

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Class Members 1–8

(CP1001)

18%

Class Members 9–10

(CP1001A)

18%

Class Member 11

(CP1003)

0.18%

Class Members 12–53

(CP1004)

9%

IT IS SO ORDERED.

June 20, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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