Current Cases

Members of the firm are currently working on a number of consumer-oriented cases in which they seek class certification on behalf of consumers in a variety of areas:

  • Fraudulent Retirement Plans: Mr. Malesovas has pursued numerous cases against various insurance companies and their agents who used various purported benefit plans as a means of disguising the sale of life insurance. The Millennium Plan, the Benistar Plan, the Niche Plan and the PBT Plan are a few of the plans that are involved in these cases. Insurance companies have used these plans, known as 419 Plans, as well as other plans known as 412i Plans, as a means of selling substantial amounts of life insurance. Often though the consumer doesn't realize that all of their money is being used to purchase life insurance or that they really have no viable ability to access their money upon retirement. Our clients allege that they were told that these plans were wealth accumulation or savings and investment plans with favorable tax benefits, including the ability to deduct all contributions to the plan on their income tax returns. Our clients allege that the IRS has determined that these plans are fraudulent tax shelters and is disallowing all tax deductions and imposing thousands in penalties. Our clients have lost most if not all of their investment, which for many represented a substantial portion of their retirement savings.

  • Insurance Associations: Mr. Malesovas has represented consumers who complain of the deceptive marketing of health insurance through supposedly independent non-profit associations. In a typical case, an unscrupulous insurance company will form its own non-profit association and then solicit membership in the association by touting the group health insurance offered to its members. Marketing pieces say the association has shopped around for the best health insurance deal for the group, but in fact the association is controlled by the insurance company. In reality, the association is a sham that is simply used to create the perception that an independent, non-profit organization is using their purported group bargaining power to obtain health insurance and other benefits for its members, when in fact the association is actually used to generate millions in profits for the insurance company or its owners or related entities. Also, the insurance company often charges extra amounts for association dues or administration fees oftentimes without the policyholder's knowledge or agreement. With dues or fees ranging from $15 to $45 per month, and with tens of thousands of members, these sham charges generate millions of dollars in profits for the insurance company, or its principals or affiliates, without providing any meaningful benefit to the policyholders. While some associations of this type are legitimate, some unscrupulous companies have taken a legitimate idea and used it to perpetuate a fraud on the public.

  • Wrongful Insurance Cancellation and Deceptive Trade Practices Cases: Sometimes life and health insurance companies will decide that they don't want to continue the coverage and will, therefore, concoct various schemes and arguments to justify their cancellation of the policies. Mr. Malesovas has successfully pursued cases against Provident American Life Insurance Company, Fortis Insurance Company and several others for the wrongful cancellation of policyholders' coverage. Mr. Malesovas has also successfully represented policyholders whose coverage was wrongfully converted to another policy, resulting in the loss of their accumulated cash value, as well as the loss of the higher benefits they had on their original policies.