United States First Circuit

In case involving irrevocable trust, dismissal of putative class-action claims for breach of contract and unfair business practices against decedent's life insurer is affirmed: 1) where appellate jurisdiction is lacking to consider breach of implied duty; and 2) over claim that the district court erred in granting summary judgment for defendant on the breach-of-contract claim where trialworthy issues of fact remained as to whether defendant's insurance rate changes violated the "procedures and standards" set forth in defendant's Actuarial Memorandum.

Appellate Information

• Decided 03/23/2007
• Published 03/23/2007

Judges

• CYR, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Peter Zavez, with whom Noah Rosmarin and Adkins, Kelston & Zavez, P.C. were on brief for appellants.


• For Appellees:
  
• James R. Carroll, with whom Michael S. Hines and Skadden, Arps, Slate, Meagher & Flom LLP were on brief for appellee.