- 4,920
IDK. I think the lack of access could be big factor in litigation. What aspects of life did it affect not having that money? What hardships were incurred?
Go back and read this thread and the others, consumers have mentioned not having funds for medical bills, living expenses, risking eviction, etc.
They can easily calculate lost opportunity cost. And sure, maybe its only a few percent difference.
But planning to have those funds in 3 years... and 6 years later still no access... that is a serious financial hardship caused by the agents negligence.
You are assuming everyone planned to just roll it to a new MYGA and keep earning interest. Plenty probably planned on rolling to a SPIA and taking lifetime income. Or drawing down that bucket for specific future expenses they now cant cover. Most get rolled and keep earning interest, but many get used after the surrender period.
Not to mention any punitive damages for pain, suffering, & mental anguish.
Also time spent dealing with the mess can be included as well.
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But the real money for the lawyer is the assets. So anyone with substantially over $250k, and evidence of the negligence, might have a chance with an attorney taking it pro-bono.
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If someone had the SGA issue in writing, imo, they could file a claim themselves with the E&O carrier and very likely win a settlement. jmo
Agree, just likely harder to get a lawyer to take the individual case where there is only indirect financial loss due to lack of access. Especially when all the policy documents & promotional brochures in the bank said not insured, not government or FDIC protected.
And, it is possible with this delay in time from product sale to lawsuit, an E&O carrier might not even be on the hook to defend or cover the agent/agency if they are no longer the current E&O carrier or the new carrier isn't responsible for that far back of a retroactive coverage period. The agency (citizens bank), seems to be the better target as they select the carriers & products that their bank employees have access to as the bank employee is not an independent agent selecting carriers nor part of an IMO agency