The United States District Court for the District of Minnesota has decided to allow this lawsuit -- Mooney, et al. v Allianz Company of North America -- to proceed as a class action and requires the parties to prepare for trial. The Court has ruled this case to proceed as a class action because it meets the requirements governing class actions set forth in Federal rule of Civil Procedure 23, with the particular reasons provided in Section 4 of the Notice.

You received a Notice directing you to this website because Allianz records show you as an owner or beneficiary of at least one Two-Tiered Bonus Annuity (listed on page 1 of your Notice) purchased between February 9, 2000 and May 20, 2007, and will be affected by this lawsuit.  Defendant denies each and every allegation raised by the complaint.

The Notice is intended for persons eligible for participation as potential “class members.”  Class members include all individuals whose rights will be affected by the outcome of this case. 

To participate you need do nothing: in exchange for giving up the right to pursue a separate lawsuit against Allianz you will be included in the terms, money and benefits, if any, resulting from either settlement or a favorable ruling by the court.  Class counsel will provide legal representation, eliminating the need to hire your own attorney.

To exclude yourself from the suit, you must file an Exclusion Request Form with the Claims Administrator postmarked no later than January 31, 2009.  Properly filed exclusions allow you to “opt out” from this lawsuit, meaning you will not be bound by the terms of the suit, but you will also receive no share of benefits or monies, if any.   However, a properly filed exclusion preserves your right to pursue an individual claim against Allianz, at your own expense.

The trial date has been set for September 21, 2009.