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January 2013 Archives

Pennsylvania Superior Court Holds Pennsylvania Unfair Trade Practice and Consumer Protection Law (UTPCPL) Does Not Guarantee Right to Jury Trial

In Fazio v. Guardian Life Insurance Co., 62 A.3d 396 (Pa. Super. 2012), Plaintiffs purchased various life insurance policies from Guardian Life Insurance over the course of four years. Subsequently, their investment advisor suggested lessshutterstock_26396608small.jpg expensive term life insurance and referred Fazio to an attorney who advised stopping payments on the Guardian Life policies. The attorney then wrote to Guardian alleging the Fazios had been deceived and demanded a refund of all premium payments. In 2001 the Fazios filed suit and Judge R. Stanton Wettick handled the litigation for the next nine years. In 2010, the Fazios requested a jury trial which was denied by Judge Wettick. The case was then transferred for a non-jury trial in which the court found that the Fazios had not proven their case by a preponderance of the evidence and Guardian was therefore, not liable.

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