Genworth Life And Annuity Insurance Companyv.Tvpx Ars, Inc.
TVPX brought a class action in Virginia alleging that Genworth had imposed inflated cost-of-insurance charges on flexible-premium life-insurance policies. Genworth sued in Georgia to enjoin that action, arguing that a prior class-action settlement barred the claims. The district court granted the injunction based on res judicata. The Eleventh Circuit vacated. It held that the record did not establish whether Genworth’s current charge calculations involved the same conduct released by the earlier settlement. The court also explained that the settlement’s preservation clause did not conclusively resolve that factual question. It remanded for factfinding about whether Genworth had changed how it calculated or charged cost of insurance since the settlement. The court did not reach Genworth’s proposed counterclaim for fees.
Loading published copy…

