Key Highlights from the First Amended Complaint in Boaden et al v. Continental Casualty Company
Inequitable Rate Increases and Shock Lapsing Insureds Out of Coverage
Policyholders often call us and say that it feels like their long-term care insurance company is trying to lapse their coverage by creating administrative obstacles to paying premiums and implementing massive rate increases. As alleged by the Plaintiffs here in the First Amended Class Action Complaint, this is exactly what CNA has been doing to its group long term care insureds for about a decade. Here are some highlights from the complaint:
Para. 267: "Continental saw shock lapses as such an important financial opportunity that it explicitly planned to discontinue its payroll deduction program because the discontinuation of payroll deductions would 'cause an increase in lapses.'"
Paras. 284-285: "Plaintiffs and the Classes have been subjected to disparate increases in the cost of their long-term care premiums depending upon the state in which they reside. The rate increases sought and received have little to no uniformity, destroying any semblance of the promised nationwide age-based premium class...insureds covered by rate filings in Alaska, Arkansas, Wisconsin, Michigan, North Dakota, South Dakota, Nebraska, Pennsylvania, and Tennessee, have faced cumulative rate increases exceeding 100%, whereas insureds covered by rate filings in California, Colorado, Virginia, and Vermont had not had any rate increases implemented at all."
Para. 265: "
Continental has bragged to Wall Street about the success of its rate increase program in causing shock lapses. In its Third Quarter 2019 Results investor presentation, Continental touted 'Progress in De-Risking LTC Exposure,' reporting that 'Focused rate increase strategies are reducing risk profile.' Specifically, Continental cited a '28% decline in active policies since 2015, and a 7% decline since Q3 2018.'"