FEDERAL APPELLATE COURTS
Decision in TVPX ARS, Inc. v. Genworth Life & Annuity
Insurance Co. (Eleventh Circuit)
Key Issue
The preclusive effect of a class action settlement and release
on claims brought on the basis of the settling defendant's
subsequent acts.
Background
This case concerns two separate actions brought against the same
life insurance company over a span of 18 years. The first action
(the "2000 McBride action") resolved in a class
settlement, and the second was filed in 2018 as a putative class
action by a plaintiff who acquired an interest in a life insurance
policy held by a member of the 2000 McBride settlement
class.
In the 2000 McBride action, plaintiffs sued defendant
Genworth Life and Annuity Insurance Company ("Genworth")
for fraud and breach of contract in connection with life insurance
policies that plaintiffs purchased from Genworth.1
Plaintiffs sought to represent a class comprised of "current
or former owners of flexible
