Category: Court

class action

Seeking Justice: The Class Action Battle Against Insurance Giants

Introduction: In recent months, a high-stakes class action has been unfolding, capturing the attention of investors, legal experts, and the public alike. The case revolves around the alleged misrepresentation and failure of due diligence by two insurance giants, Friends Provident International and Utmost International the Isle of Man. In this blog post, we will delve into the details of this class action, examining the claims, the defendant’s response, and the implications of this legal battle.

The Allegations: More than 700 investors, many of whom lost their life savings, have come together in a unified effort to seek justice and compensation for their financial losses. The claimants, consisting mainly of British nationals and expats, argue that they were sold life assurance products that were marketed as safe and low risk. However, these products were based on investment funds that ultimately collapsed, leaving them with nothing.

Misrepresentation and Negligence: The heart of the class action lies in the claimants’ allegations of misrepresentation and negligence by the insurance companies. They argue that Friends Provident International and Utmost International failed to carry out the necessary due diligence on the underlying funds and provided misleading information about the level of risk involved. Additionally, it is alleged that the companies continued to charge management fees on products that had become worthless after the funds collapsed.

The Response: Both Friends Provident International and Utmost International have vehemently denied any liability and have vowed to contest the claims. They assert that the investments were made through independent financial advisers and intermediaries, who were responsible for asset vetting and selection. The defendants argue that the advisers, not the insurance companies, should bear the responsibility for any due diligence failures.

The Significance: This class action carries significant implications not only for the investors involved but also for the insurance industry as a whole. It raises important questions about the responsibilities of financial institutions in ensuring the accuracy and reliability of the investments they offer. The outcome of this case could set a precedent for future disputes and shape the regulatory landscape surrounding investment products.

The Pursuit of Justice: As the trial draws to a close and closing submissions are made, the investors and the defendants await the court’s decision. The resolution of this class action could potentially provide the much-needed compensation and closure for those who lost their life savings. It also serves as a reminder of the importance of consumer protection and the accountability of financial institutions.

Conclusion: The class action against Friends Provident International and Utmost International Isle of Man represents a battle for justice and compensation for the investors who suffered significant financial losses. The allegations of misrepresentation and negligence have brought to light important issues surrounding due diligence and the responsibilities of financial institutions. As this legal battle nears its end, the outcome will shape not only the lives of the claimants but also the future practices of the insurance industry.

Simon Pack FPI iom

Friends Provident International Concludes Defense in Major Class Action Trial

Friends Provident International Concludes Defense in Major Class Action Trial

Friends Provident International (FPI) has wrapped up presenting its defense in a high-stakes £100 million class action lawsuit brought by over 700 investors. The trial, taking place at the Douglas High Court on the Isle of Man, involves investors who claim they were misled into purchasing life insurance products linked to investment funds that eventually collapsed.

The proceedings, scheduled to last seven weeks, have now moved to FPI’s counterpart Utmost International IoM beginning its defense on April 24th. Utmost, formerly known as Quilter International and Old Mutual International, is also a defendant in the case.

At the center of the dispute are allegations that FPI and Utmost negligently sold investment products like the New Earth Fund, LM Group of Funds, and Eco Resources Fund to customers across the globe, falsely representing them as safe and low-risk options. However, these funds ultimately failed, causing many investors to lose their life savings.

During FPI’s defense presentation, IFGL group sales director Simon Pack testified that life insurance companies did not promote or recommend specific investment funds to avoid perceived conflicts of interest. Pack stated surprise at the suggestion that sales reps would meet jointly with financial advisors and fund promoters.

“We were not in a position to recommend funds. We are not there to give advice,” Pack told the court. He acknowledged potential reputational damage when “on-boarded” funds later prove disastrous, but maintained that following competitors’ practices doesn’t make it “right.”

The trial judge, Acting Deemster James Corbett, reminded all parties of the “fine line between what is opinion and what is not” regarding evidence.

Class Action – Old Mutual International (formerly Skandia International) Quilter International now Utmost International and Friends Provident International

The Legal Battle Unveiled: Investors vs. Isle of Man Insurance Giants, Friends Provident International and Utmost International

Introduction: In a landmark legal showdown, over 700 investors are gearing up to challenge two Isle of Man insurance giants, Friends Provident International and Utmost International Isle of Man, in a £100m compensation battle. This article delves deep into the intricacies of the case, exploring the allegations, the defendants’ responses, and the potential implications of this high-stakes legal drama.

1. The Class Action Unfolds: The class action, comprising mainly British nationals and expats around the world, centers around allegations that investors were misled about the safety and risks associated with life assurance products sold by these companies. Despite assurances of safety and low risk, the investment funds collapsed, leaving many investors in financial distress.

2. Allegations of Negligence and Misrepresentation: Investors claim that even after the underlying funds collapsed, both Friends Provident International and Utmost International Isle of Man continued to charge management fees on products that had become virtually worthless. The alleged negligence and misrepresentation regarding the sale of these failed investment products have led to significant financial losses for the claimants. Most investors were approached by independent financial advisers through word of mouth but were shown branded corporate literature from the investment giants promoting the funds.

3. Defendants’ Stance and Legal Defense: Both insurance giants vehemently deny any liability, stating that the investments were designed for sophisticated investors and should not have been made available to retail investors. They argue that the claims lack merit and are robustly defending their positions in court.

4. Impact and Implications: The outcome of this legal battle could have far-reaching implications for the financial services industry, particularly in terms of investor protection, regulatory oversight, and transparency in investment offerings. It raises questions about due diligence, risk assessment, and the responsibilities of financial institutions towards their clients.

5. Conclusion: As the trial unfolds in Douglas High Court, the eyes of the financial world are keenly watching the proceedings. The case underscores the importance of transparency, accountability, and investor trust in the financial services sector. The final judgment will not only determine the fate of the claimants but also set precedents for future investor protection and regulatory standards.

 

 

A significant legal showdown is on the horizon as more than 700 investors, many of whom have lost their life savings, gear up to take legal action against two insurance giants in the Isle of Man. The anticipated compensation battle amounts to £100 million and is poised to unfold at the Douglas High Court, commencing next Monday and projected to span seven weeks.

The class action lawsuit targets Friends Provident International and Utmost International Isle of Man, both based on the island, with allegations surrounding the sale of life assurance products marketed as safe and low risk. However, these products were revealed to be tied to investment funds that ultimately collapsed, leaving investors in dire financial straits.

Despite the collapse of the underlying funds, it is alleged that both companies continued to charge management fees on products that had become essentially worthless, compounding the losses suffered by investors.

The legal proceedings involve a substantial number of claimants, predominantly British nationals and expats residing worldwide. A total of 739 investors are involved in the class action, with 315 in the proceedings against Friends Provident and 425 in the claim against Utmost.

The investments in question were made through island-based subsidiaries, circumventing recourse through UK regulators for the affected investors. Among the investment products under scrutiny is the Axiom Legal Financing Fund, a collective investment scheme based in the Cayman Islands, which collapsed in 2012, resulting in losses of around £120 million for investors.

The defendants named in the case are Friends Provident International, headquartered in Castletown and part of International Finance Group Limited, and Utmost International Isle of Man, based in Onchan. Utmost International Isle of Man was previously known as Quilter International before its acquisition by the Utmost Group in 2021.

The legal claims against Friends Provident International and Utmost International Isle of Man are substantial, with the first claimant, Peter Kells from Bangkok, seeking damages exceeding £50 million for alleged negligence and misrepresentation in the sale of various failed investment products. These products include the New Earth Fund, Axiom Legal Financial Fund, LM Group of Funds, Eco Resources Fund, and Kijani Community Fund.

Similarly, Barry Dickinson, based in Thailand, is among the claimants seeking £50 million in damages from Quilter International for the sale of the same failed investment products.

Central to the legal dispute is the allegation that the investment funds were designed for sophisticated and professional investors and should not have been marketed to retail investors. The claims also highlight issues regarding the level of risk disclosed to investors and the purported failure to conduct due diligence on the underlying funds.

The legal representatives for Friends Provident International and Utmost Group have firmly denied any liability, emphasizing the historical nature of the investment decisions and the rigorous defense they intend to mount against the claims.

As the legal battle unfolds, it underscores broader concerns about investor protection, regulatory oversight, and transparency in the financial services sector. The outcomes of this legal challenge are likely to have far-reaching implications for investor trust and industry practices moving forward.