People ex rel. Lockyer v. Fremont Life Ins. Co.

Full title: THE PEOPLE ex rel. BILL LOCKYER, as Attorney General, etc., Plaintiff and…

Court: California Court of Appeals, Second District, Second Division

Date published: Jan 16, 2003

No. B139066 (Cal. Ct. App. Jan. 16, 2003)

Opinion

Page 270f

105 Cal.App.4th 270f ___Cal.Rptr.2d___ THE PEOPLE ex rel. BILL LOCKYER, as Attorney General, etc., Plaintiff and Respondent, v. FREMONT LIFE INSURANCE COMPANY, Defendant and Appellant. B139066 California Court of Appeal, Second District, Second Division January 16, 2003

[Modification ^* of opinion (104 Cal.App.4th 508; 128 Cal.Rptr.2d 463) on denial of petition for rehearing.]

* This modification requires the movement of text affecting pages 519-521 of the bound volume report.

OPINION

THE COURT.

It is ordered that the opinion filed herein on December 18, 2002, be modified as follows:

Opinion on page 11, the fourth paragraph [104 Cal.App.4th 519, advance report, 3d full par.] is modified to read:

With respect to approximately 4,000 annuity policies that appellant sold, all included the following language, which had been disapproved by the DOI: "Premium charge—5 percent of the premium applied in the first contract year." Appellant concedes that none of the policies sold included the DOI-approved statement: "SURRENDER CHARGE RELATED TO FIRST YEAR PREMIUM—5 percent of the premium applied in the first contract year (see premium charge on page 7)."

There is no change in the judgment.

Appellant's petition for rehearing is denied.