Statement Of Gordon R.A. Fishman, M.D. Re California District Court Decision In Lincoln Life Insurance Case

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Parties To California Insurance Litigation Clarify Issues Addressed In District Court Decision

Gordon R.A. Fishman, M.D. and Hannareta Fishman issued the following statement concerning the order granting summary judgment issued on July 10, 2009, by Judge Larson of the U.S. District Court for the Central District of California in The Lincoln National Life Insurance Company vs. The Gordon R.A. Fishman Irrevocable Life Trust, et al., Case No. ED CV07-1338 SGL (OPx) (C.D.Cal. filed Oct. 11, 2007):

"We make this statement to correct certain insurance industry media publications that have reported on the Court's decision in the Lincoln action. The Court's summary judgment decision terminated Lincoln's action at the District Court level. At the time of the decision, the sole issue remaining in the case was whether three life insurance policies purchased from Lincoln in 2005 met California's 'insurable interest' standard. The District Court found that our policies complied and were valid. There was no claim for "misrepresentation" before the District Court. Although Lincoln originally filed a misrepresentation claim, that claim was dismissed with prejudice in March 2009. The District Court's decision noted that the misrepresentation claim had been dismissed. The original misrepresentation allegations were based on false information that was provided to Lincoln by others - not by us. The Court's dismissal of the misrepresentation claims is not subject to appeal - the claims are gone."

Any further questions concerning the status of this action should be addressed to our legal counsel in the Lincoln action, Jeffrey T. Makoff, Esq. of Makoffs LLP in San Francisco., (415) 789-8938.

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Jeffrey T. Makoff, Esq.
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