Class action suit query

[cricri]

Hello--I am currently undergoing independent claim evaluation under the settlement of a class action lawsuit against The Franklin for deceptive marketing practices. I have no idea whther or not I will get financial releif or not. In the meantime I have cancelled my policy and received a check for my surrender value. This is a check for what's left of MY MONEY not any sort of settlement check. Yet, printed upon the check is the following statement: "By endorsing this check payee: releases and discharges the Franklin Life Insurance Co. of all claims, disputed or undisputed, of any nature or character whatsoever under the policy and any supplemental agreement attached thereto." Can this affect my eligibility for compensation under the class action suit?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Yes and No. Yes because you are endorsing what they try to make a contract and NO because such a waiver is really never held up in court. So, before you do what I suggest, contact a legal aid organization in your state to see if the following practice will hold up:

on the check, write under protest for a separate claim, cross out the disclaimer and initial and say you protest that and do not make it part of your agreement.

See what happens.