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Clark v. National Western Life Ins. Co.

California Supreme Court Limits Available Remedies to Seniors and Disabled People

The Ruling

In a mixed ruling, the California Supreme Court held that California's Unfair Competition law provided limited damage options available to seniors and disabled people, but that seniors and disabled people could recover triple damages under other statutes when they were victims of consumer fraud.
 
In recent years, Americans have departed from the historic practice of relying primarily on federally insured products for their retirement needs. Older people (many of whom have retirement assets and find themselves investing in annuity and other markets for the first time) are targets of scams that prey on both their asset accumulation and inexperience in this arena.

While AARP and others have undertaken efforts to enhance investors' financial literacy, investment fraud targeted at older people continues to be a significant problem.
 


 

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