Legal Opinion

Decesare v. Lincoln Benefit Life Co., 99-2048 (2002)

Superior Court of Rhode Island

Decided April 3, 2002No. C.A. No. 99-2048Published

1Opinion of the Court

DECISION

Before the Court is the motion of plaintiff Paul A. Decesare (Decesare or policy-holder)1 for class certification and defendant Lincoln Benefit Life Company's objection to the same. Jurisdiction is pursuant to Super. R. Civ. P. 23.

FACTS AND TRAVEL

In 1987, plaintiff Decesare purchased an annuity policy from defendant Lincoln, an insurance company offering its products to the public. Plaintiff purchased a Saver's Index Annuity policy (Policy or Policies). Lincoln sells its Policies to customers throughout the United States via independent contractors. These agents are not employees of…

2Cases cited20 opinions

  1. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  2. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
  3. Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968
  4. Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
  5. Baby Neal v. CaseyCourt of Appeals for the Third Circuit · 1994

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