Frequently Asked Questions

If you received a postcard notice relating to this case, then Gerber Life’s records show that you purchased a Gerber Life Grow-Up Plan and/or a Gerber Life College Plan (also known as the “Gerber Life Insurance College Plan”) between April 24, 2014 and September 27, 2024. These are the definitions of the respective “Classes” certified by the Court. Because of this, you are a member of one or both of the Classes, and you may be affected by this class action lawsuit.

The Court is providing this notice because you have a right to know about the class action and about your options before the Court decides the legal claims in the lawsuit. If you do nothing and there is a settlement or judgment in favor of the Classes, the benefits of the settlement or judgement will be provided to you, but you will be bound by the decision (potentially including a decision that Gerber Life did nothing wrong) and will give up the right to bring your own lawsuit about the same claims.

The Court in charge of the case is The United States District Court for the Southern District of New York, and the case is known as Loguidice, et al. v. Gerber Life Insurance Company, No. 20-CV-3254 (KMK). The people who sued are called the Plaintiffs. Gerber Life is the party that was sued and is called the Defendant.

As described in the Second Amended Complaint (“Complaint”) this lawsuit alleges that Gerber Life engaged in fraudulent advertising and deceptively named and marketed the Grow-Up Plan and College Plan (also known as the “Gerber Life Insurance College Plan”), leading customers to believe the plans were not life insurance, but were savings plans. The lawsuit brings claims for deceptive acts or practices in violation of New York General Business Law §§ 349 and 350 as well as fraudulent inducement. Plaintiffs claim that Gerber Life marketed the policies as savings plans, not life insurance. Gerber Life denies these claims and the Court has not decided whether Gerber Life did anything wrong. Gerber Life maintains that it accurately described and marketed its Grow-Up Plan and College Plan and complied with all applicable laws. If the parties do not agree to resolve the lawsuit, then the Court or jury will decide which side is right.

You may obtain more information regarding the specific allegations in this action by reviewing the Complaint, which is available at here.

In a class action lawsuit, one or more people called “Class Representatives” (in this case, the Estate of Josephine Loguidice and Emilie Norman) sue on behalf of themselves and other people who have similar claims. All these people are called a “Class” or “Class Members.” This is a class action because the Court has decided it meets the legal requirements to be a class action. Because the case is a class action, one court resolves the issues for all of the Class Members or everyone in the two Classes, except for those people who choose to exclude themselves by opting out of the classes. 

Unless you exclude yourself within 90 days of the date of your notice, you are staying in the Class or Classes of which you are a member, and that means you can’t sue, continue to sue, or be part of any other lawsuit against Gerber Life relating to the legal claims that were brought in this case. It also means that all the Court’s orders and any judgment, whether favorable or not, will apply to you. It means that, if there is a favorable judgment for one or both Classes, or if there is a settlement, you may be entitled to receive a cash payment or other benefits from the lawsuit if you are a member of the Class that has obtained a judgment or settlement, without having to bring your own individual case.  If the Court finds that Gerber Life did nothing wrong, you will have no separate recourse against Gerber Life about the legal issues in this case.  The Court recently ruled that claims under New York General Business Law §§ 349 and 350 are subject to a three-year statute of limitations, meaning that anyone who purchased their policy before April 24, 2017 cannot bring a claim under these sections. However, claims for fraudulent inducement are subject to a six-year statute of limitations, meaning that class members who purchased their policy on or after April 24, 2014 can still bring a claim for fraudulent inducement. Therefore, if you purchased a policy between April 24, 2014 and April 23, 2017, you cannot assert a claim under New York General Business Law §§ 349 and 350, but can still assert a claim for fraudulent inducement.

If you don’t want a payment or any other benefits from this lawsuit should the Court award one or if the parties reach a settlement, or if you want to keep the right to sue or continue to sue Gerber Life on your own about the legal issues in this case, then you must take steps to exclude yourself. This is sometimes referred to as opting out, and the Court will exclude from the Classes any person who timely requests exclusion.
 

To exclude yourself from the Classes, you must submit an Exclusion Request form online or send a letter by email, or mail stating that you want to opt out, or be excluded from Loguidice, et al. v. Gerber Life Insurance Company. The letter must include your name, address, telephone number, and your signature. You must email your exclusion request to [email protected] no later than May 26, 2026 or mail your exclusion request postmarked no later than May 26, 2026 to: 
 

Gerber Life Insurance Class Certification Notice
c/o Kroll Administration
PO Box 225391
New York, NY 10150-5391

You can obtain an Exclusion Request form here, which can be completed online or emailed or mailed to the same address. You can’t exclude yourself on the phone, by email letter to a different email address or by letter to a different address. If you ask to be excluded, you will not get any payment or any other benefits resulting from the lawsuit. You also will not be legally bound by anything that happens in this lawsuit regardless of the outcome. You may be able to sue (or continue to sue) Gerber Life for the same issues in the future.
 

No. Unless you exclude yourself, you give up the right to sue Gerber Life for the claims at issue in this lawsuit. If you have a pending lawsuit, speak to your lawyer in that suit immediately. If your lawsuit involves the same issues as this lawsuit, you must exclude yourself from the Classes in this lawsuit to continue your own lawsuit. 

No. If you exclude yourself, you are not eligible for any money or benefits that might be obtained in this lawsuit.

The Court appointed the law firms of CohenMalad, LLP, Stranch, Jennings & Garvey, PLLC, KalielGold PLLC, and Weitz & Luxenberg P.C. to represent you and other Class Members. Together, the lawyers are called “Class Counsel.” You will not be individually charged for these lawyers. You have the right to enter an appearance through an attorney at your own expense if you wish, though.

No. Class Counsel and the Class Representatives will prosecute the lawsuit on behalf of all the Class Members.

You can find out more about the lawsuit here or by calling 1-833-876-1396.