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MADISON - ST. CLAIR RECORD

Monday, November 18, 2024

Man files $4 million breach of contract lawsuit against Athene Annuity and Life Company

Lawsuits
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Attorney Laura E. Schrick of Mathis, Marifian & Richter, LTD. | Mathis, Marifian & Richter, LTD.

BELLEVILLE – An individual has filed a breach of contract lawsuit against Athene Annuity and Life Company, claiming almost $4 million in damages after the company allegedly terminated his life insurance policy without proper notice.

Plaintiff Wrophas Meeks, M.D. filed the lawsuit in the St. Clair County Circuit Court against Athene Annuity and Life Company, citing breach of contract and fraudulent misrepresentation.

According to the lawsuit, the plaintiff is the owner and operator of Logan Park Imaging, LLC. Meeks states that he was the trustee of the company's profit sharing plan. 

Meeks states that on Sept. 10, 2003, he purchased a life insurance policy from Indianapolis Life, an Amerus Company, which had a face amount of $4,233,617. The plan had Logan Park Imaging's profit sharing plan as the sole beneficiary. He adds that he has paid more than $1,600,000 in insurance premiums to the defendant since the initial purchase date.

In November 2006, the Amerus Group was purchased by Aviva, PLC which caused his policy to be transferred to Amerus. Then in October 2013, Aviva sold all of its U.S. life and annuities business to Athene Holding, LTD, which now currently holds the plaintiff's life insurance policy. 

Meeks states that he was never informed of these mergers. On Sept. 10, 2014, Athene issued an annual report for the policy reflecting a death benefit of $3,639,090, a surrender value of $243,0125, and no loan balance. He states that since then, there has been no lapse in his premium payments. 

By May 24, 2015, Meeks had not received any communication from Athene regarding any premiums due or lapses in payment so he assumed his life insurance policy remained in full effect, the suit states. Since he had not received any communication from the company for such an extended period of time, he tried to contact the company without progress, having to eventually resort to retaining two law firms to assist his investigation. 

In December 2020, a representative of Global Atlantic Financial Company advised Meek's counsel that Athene had terminated Meek's insurance policy on June 2, 2015. Meek's counsel allegedly inquired what happened to the policy premiums and the cash surrender value if in fact the policy was terminated, but received no response.

The lawsuit states that under Illinois Law, an insurance company must notify the insured at their address before terminating their policy. The company must also show that the notice was properly addressed and mailed. 

Meeks alleges Athene has breached its contract by failing to communicate with him under the terms of the policy and Illinois law, improperly terminating the policy, and denying him the benefits of the policy's cash surrender value and death benefit.

The plaintiff is demanding a jury trial to seek damages in the amount of  $243,0125 for the policy's surrender value, $3,639,090 for the policy's death benefit, plus court costs and any other relief the court deems proper. He is represented in this case by attorney Laura E. Schrick of Mathis, Marifian & Richter, LTD in Belleville. 

St. Clair County Circuit Court case number 23LA0387

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