Agliori v. Metropolitan Life Insurance

OPINION BY

BECK, J.:

¶ 1 This case presents two issues under the Unfair Trade Practices and Consumer Protection Law. 1 First, has a consumer who entered a contract based on misrepresentation suffered an ascertainable loss within the meaning of the statute? Second, does the statute support an award of attorneys’ fees for litigation that was initiated prior to the effective date of an amendment that explicitly allowed such relief? We reverse in part and affirm in part.

¶2 In April 1990, appellant-plaintiffs decedent James Donahue surrendered three whole life insurance policies to purchase a single…