Frequently Asked Questions

A California court authorized the Notice because you have a right to know about a proposed settlement of a class action lawsuit regarding your purchase of a Pacific Discovery Xelerator indexed universal life insurance policy (“PDX Policy”) from Pacific Life Insurance Company. The Court in charge of this case is the Superior Court of the State of California for Orange County, and the case is known as Mamboleo v. Pacific Life Insurance Company, Case No. 30-2021-01208045-CU-BT-CXC. Abigail Mamboleo, the person who filed the lawsuit, is called the Plaintiff, and Pacific Life Insurance Company is called the Defendant. 

The lawsuit does not concern any Pacific Discovery Xelerator IUL 2 (sometimes called “PDX 2”) indexed universal policies or any other policies issued by Pacific Life Insurance Company.  PDX 2 is a substantially different product and this lawsuit does not apply to PDX 2.

The Court approved the mailing of the Notice, and also approved the posting of the Notice, the Settlement Agreement, and other key documents regarding the proposed Settlement on this website so that it may be viewed by the Settlement Class.

The Notice explains the lawsuit, the Settlement, and the legal rights of Class members.  It also explains how to receive the Settlement Relief, exclude yourself from the Settlement, or object to the Settlement, and the deadlines for each. The Notice contains only a summary of the Settlement. For more information, including a complete explanation of the factors and formulas used to determine the Settlement Relief, you may download the complete Settlement Agreement here. All capitalized terms used in the Notice are defined in the Settlement Agreement. 

If the Court approves the Settlement and after any objections and appeals are resolved in favor of the Settlement, the Settlement Relief provided under the Settlement Agreement will be made available to members of the Settlement Class who have not submitted a timely request to be excluded from the Settlement.  Updates about the status of the Settlement will be posted on the Settlement Website. 

Plaintiff claims in the lawsuit that Defendant marketed and sold the PDX Policies by providing illustrated performance charts (known as illustrations) that she claims showed inflated profitability that caused her and other PDX Policy owners to pay “hidden costs that essentially eliminate the value in the PDX Policies."

Defendant denies Plaintiff’s claims and all liability to Plaintiff and the Settlement Class. Defendant denies that it violated the law in any manner whatsoever and has raised a number of defenses against the claims asserted. 

Although the Court has authorized notice to be given to the proposed Settlement, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit.

Abigail Mamboleo, acting as a “Class Representative,” sued Defendant on behalf of other people who she believes have similar claims. In a class action settlement, one court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the class. Any settlement of the case resolves the claims for all people in the class. The lawyers appointed by the Court to represent the Class are called “Class Counsel.” 
 

The attorneys representing Defendant are called “Defendant’s Counsel.”
 

If approved by the Court, the Settlement Agreement would fully and finally resolve claims you may have against Defendant regarding the factual allegations and legal claims asserted in the lawsuit.  
 

Plaintiff and Defendant are settling the lawsuit to avoid the risks, uncertainties, and expenses associated with contested litigation.  There has not been a trial, and no court has found Defendant to have violated any law in any way.  No court has found that Plaintiff or her proposed Class could recover any amount in this lawsuit.

If approved, the Settlement will stop the lawsuit. If the lawsuit continued, Defendant would oppose class certification and, if necessary, would defend against the claims asserted by the Plaintiff in a trial. If Defendant were successful, the Settlement Class would receive nothing.  If Defendant were not successful, there is a possibility that Defendant would be required to pay more than Defendant has agreed to pay as a result of the Settlement. 

Class Counsel investigated the facts and law regarding Plaintiff’s claims and Defendant’s asserted defenses.  Both sides engaged in extensive and arms-length negotiations, with the services of a neutral mediator, which resulted in the Settlement Agreement. Plaintiff and Class Counsel believe that the proposed Settlement is fair, reasonable, and adequate, and in the best interest of the Settlement Class.

The Settlement Class includes all policyowners, including legal entities (“Persons”), who purchased a PDX Policy issued in California, subject to the exclusions listed below. 

The Settlement Class does not include the following Persons:

1. Pacific Life and its officers, members, directors, and employees,

2. Pacific Life’s parents, subsidiaries, successors, predecessors, and any entity in which Pacific Life has a controlling interest;

3. the judge adjudicating this action;

4. any Person whose PDX Policy has a Deceased Insured;

5. any Person alleging wrongful inducement in the purchase of a PDX Policy, or asserting any claims or legal theories arising out of the facts alleged in the Complaint, in any pending or resolved lawsuit against Pacific Life other than this action; and

6. persons acting as the legal representatives, successors, or assigns of any of the excluded Persons listed above.

7. Any Person who submits a valid request to be excluded from the Settlement Class will also not be included in the Settlement.

In-Force Policy Relief

If you own a PDX Policy that is (a) In-Force on October 31, 2025 and (b) remains In-Force through the Distribution Date, the relief available to you is an automatic credit to the policy’s Accumulated Value, to be applied to the fixed account of your PDX Policy.  

You do not need to take any action to receive In-Force Policy Relief. The Defendant will allocate $33,000,000, to be paid to a Gross Settlement Common Fund; after the deduction of certain amounts, the remaining Net Settlement Common Fund will be allocated to In-Force Policies in the form of a credit to each In-Force Policy’s Accumulated Value.

The amounts that may be deducted from the Gross Settlement Common Fund of $33,000,000 include:

1. An amount attributable to people who exclude themselves from the Settlement;

2. Certain court-approved attorneys’ fees to Class Counsel, not to exceed a $10,890,000 deduction;

3. Certain court-approved, verified expenses that Class Counsel incurred in pursuing the lawsuit, not to exceed $1.2 million; and

4. A court-approved Service Award to the Plaintiff for representing the Class in the lawsuit, not to exceed $25,000. 
 

The amount of In-Force Policy Relief a Settlement Class Member will receive for any In-Force Policy they own will equal: (1) the total premiums paid for the PDX Policy; (2) divided by the Total Premiums paid by the Class for all In-Force Policies; and (3) multiplied by the total Net Settlement Common Fund.
 
If your In-Force Policy terminates between October 31, 2025 and the date that In-Force Policy relief is distributed, you will no longer be eligible for In-Force Policy relief, but your Policy will be treated as a Terminated Policy under the Settlement.

Term Insurance Relief for Terminated Policies 

Defendant will make available a maximum of $25,000,000 in aggregate face value of Term Insurance Relief for Settlement Class Members with Terminated Policies. PDX Policies that are not In-Force because they have terminated as of October 31, 2025 due to policy surrender or lapse, and Policies that were In-Force Policies as of October 31, 2025 but terminate due to policy surrender or lapse before the In-Force Policy relief is distributed, are eligible to receive Term Insurance Relief so long as the insured under the terminated PDX Policy is alive at the time the Term Insurance Application is submitted.  Term Insurance Relief is not available for any In-Force Policy that receives In-Force Policy Relief.  You cannot receive both In-Force Policy relief and Term Insurance Relief for the same PDX Policy. 

Each Settlement Class Member who is entitled to receive Term Insurance Relief will receive insurance coverage on the same person who was insured under the PDX Policy for a three-year period starting on the Settlement Effective Date. To receive the Term Insurance Relief, you must complete and sign the Term Insurance Application. The Term Insurance Application is available through this Settlement Website, which will walk you through the application process. If you would prefer to receive, complete, and sign a paper Term Insurance Application, you may obtain one by calling the toll-free telephone number for the Settlement: 1-833-754-9443. 

There is no cost to you for Term Insurance Relief. Term Insurance Relief will only last for three years and cannot be extended or converted. 

The face value of your Term Insurance Policy will equal: (1) the face amount of your Terminated Policy; (2) divided by the total face amount of all Terminated Policies as of October 31, 2025; and (3) multiplied by $25,000,000. 

Other Relief

As part of the Settlement, Defendant has agreed to the following, additional types of relief if the Settlement is approved.  The Parties agree that the Term Insurance Relief and the following Other Relief provide an estimated value of $14,300,000 in additional benefits to the Class:

1. PDX Policy Cap Management Commitment.  Defendant has agreed to manage the Growth Caps for the PDX Policies consistent with similar indexed universal life insurance products. Defendant will do this for a three-year period beginning on November 1, 2025.
    
2. Performance Factor Commitment.  Defendant will not change the current PDX product OBR used in the Performance Factor formula for a three-year period beginning on November 1, 2025.
    
3. Class Administration Expenses.  Defendant will separately pay the costs to administer the Settlement. These amounts will not be paid or incurred by the Settlement Class.
    
4. Payment of Additional Attorneys’ Fees.  Defendant will separately pay to Class Counsel additional attorneys’ fees in an amount to be approved by the Court, not to exceed $4.5 million. The approved amount will not be subtracted or paid from the $33,000,000 Gross Settlement Common Fund, and therefore will not reduce the benefits available from that fund.

You do not need to do anything to receive these non-monetary benefits. 

If you are eligible to receive Term Insurance Relief, you must complete a Term Insurance Application. You can complete the application through the Settlement Website, here, which is the simplest way to complete the application. If you complete the application through the Settlement Website, you will be directed to electronically sign the application and submit it electronically.

If you prefer to complete and sign a paper application, you may cal1-833-754-9443, the toll-free telephone number for the Settlement, to request a copy by mail, and send the completed form by first class mail properly addressed to the Settlement Administrator at:
 

Illustration Settlement

C/O Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391
 

If your PDX Policy terminated on or before October 31, 2025, your mailed application must be postmarked on or before April 10, 2026 or if submitted through the Settlement Website, the application must be received on or before 11:59 pm Pacific Time on April 10, 2026. 

If your PDX Policy is In-Force now but terminates before In-Force Policy Relief is distributed, you may be eligible for Term Insurance Relief and the Settlement Administrator will send you a notice of your eligibility.  You may complete a Term Insurance Application using the procedures outlined above, and your Term Insurance Application must be submitted or postmarked on or before the date stated in the additional notice that will be sent. 

If you fail to timely submit or return a Term Insurance Application, you will not receive a Term Insurance Policy. Class Counsel and Defendant’s Counsel will attempt in good faith to resolve any disputes over the timeliness or validity of any Term Insurance Application.

On May 7, 2026, the Court will hold a final approval hearing to decide whether to approve the Settlement. If the Settlement is approved, there may be appeals.  Once the Settlement is finally approved and the time for appeals has run, or any appeals have been resolved in favor of the Settlement approval, In-Force Policy Relief will be distributed, and Term Insurance Policies will be issued and distributed. This process will take time. Please be patient and check the Settlement Website for periodic updates.

If you stay in the Class, that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about the same factual or legal issues asserted in this case. It also means that all of the Court’s orders will apply to you and legally bind you. 

Upon final approval of the Settlement, all Class Members will fully Release Defendant from any and all claims arising out of or relating directly or indirectly in any manner whatsoever to the facts alleged or that could have been alleged or asserted in the lawsuit.  However, these “Released Claims” do not include either pending or as yet unfiled policy owner claims for death benefits under any PDX Policy. As part of the Settlement, all Settlement Class Members will also release all rights and benefits that they may have under Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, pertaining to the Released Claims. This means that even though Settlement Class Members may discover claims or facts in addition to or different from the facts they now know or are aware of related to the PDX Policies, all Settlement Class Members will settle and release all of the Released Claims through the Settlement, whether or not they know or suspect those claims at this time.

To view the full terms of the Release that are contained in the Settlement Agreement, including further information about and the full text of Section 1542, please visit the documents page of this website.

To exclude yourself from the Settlement Class ("Opt-Out"), you must complete the Request for Exclusion Form available here or send a letter to the Settlement Administrator saying you want to be excluded from the Settlement Class in Mamboleo v. Pacific Life Insurance Company, Case No. 30-2021-01208045-CU-BT-CXC. Be sure to include your printed name, address, and telephone number. To be valid, your submission must be signed by you and dated. You can only submit a request for exclusion for yourself, and not for any other Settlement Class members.
 

You must submit your completed form on the Settlement Website or mail your exclusion request by first class mail, postmarked on or before April 10, 2026, addressed to:

Illustration Settlement

C/O Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

If the request is not postmarked on or before April 10, 2026, your request for exclusion will be invalid, and you will be bound by the Settlement Agreement as approved by the Court, including the judgment ultimately rendered in the case, as well as subject to the Release referenced above. The Settlement Administrator will decide the validity of all requests for exclusion.

No.  Unless you exclude yourself, and the Settlement is approved, you give up any right to sue the Defendant for any claims that were asserted or could have been asserted in this case based on the same facts alleged in this case. Remember, the exclusion deadline is April 10, 2026.

No. If you exclude yourself, you are not part of the Settlement and will not be entitled to any Settlement Relief.

The Settlement Class is represented by Class Counsel. The Court has appointed Andrew S. Friedman of the law firm Bonnett Fairbourn Friedman & Balint, PC, Steven G. Sklaver of the law firm Susman Godfrey L.L.P., and Howard Bushman of The Moskowitz Law Firm PLLC as Lead Class Counsel. You will not be charged for these lawyers. 

You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney. You may contact Lead Class Counsel by email: 

Class Counsel have not been paid anything for their representation of Plaintiff or the Settlement Class to date. They have paid expenses for the lawsuit out of their own pockets. 

As part of the Settlement, Class Counsel will ask the Court to approve payment of attorneys’ fees in an amount not to exceed 33% of the Gross Common Settlement Fund, reimbursement of their reasonably incurred expenses, not to exceed $1.2 million, and additional attorneys’ fees not to exceed $4.5 million (the “Pacific Life Additional Fee Payment”). Class Counsel will file their application for an award of attorneys' fees and reimbursement of reasonably incurred expenses on or before March 26, 2026. 

If the Court awards these fees and expenses, the Pacific Life Additional Fee Payment will not reduce the amount of relief available to the Settlement Class. The Court may award less. 

The Court has appointed Plaintiff Abigail Mamboleo as the Class Representative. Class Counsel will also seek a Service Award for Plaintiff’s services to the Settlement Class Members, in an amount not to exceed $25,000. This compensation is intended to pay the Plaintiff for the time and effort she put into bringing and prosecuting the lawsuit on behalf of everyone in the Class. 

Defendant will separately pay the costs to administer the Settlement.

If you are a Settlement Class Member, you can object to the Settlement if you don’t like any part of it. You can ask the Court to deny approval of the Settlement by submitting an objection to the Settlement Administrator. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the Settlement as agreed to by the Plaintiff and Defendant.  If the Court denies approval, then no Settlement Relief will be provided and the case will continue. 

You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. 

If you wish to object to the Settlement, you may complete an Objection Form here or send a letter to the Settlement Administrator saying you object to all or part of the Settlement in Mamboleo v. Pacific Life Insurance Company, Case No. 30-2021-01208045-CU-BT-CXC. Be sure to include your printed name, address, telephone number, email address and PDX Policy number. If you are represented by one or more attorneys, your attorneys must also be identified. Your submission must be signed by you and dated. A written objection may, but is not required to, state the specific reason(s), if any, for the objection, including any information, evidence, or legal authority that the Settlement Class Member wishes to bring to the Court’s attention.

Objections must be submitted to the Settlement Administrator online or by first class mail, postmarked on or before April 10, 2026, addressed to: 

Illustration Settlement

C/O Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

Objecting is simply telling the Court that you believe the Settlement is not fair, adequate, or reasonable. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement or the Settlement Class. If you opt out or exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing at 2:00 p.m. (Pacific Time) on May 7, 2026 in the Superior Court of California in and for the County of Orange, Civil Complex Center, 751 West Santa Ana Blvd., CX-105, Santa Ana, CA 92701. 

The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the Settlement; whether the Settlement Class is adequately represented by the Class Representative and Class Counsel; and whether a Final Approval Order and Judgment should be entered approving the proposed Settlement. If there are objections, the Court will consider them. We do not know how long these decisions will take.

The hearing may be postponed to a later date. Settlement Class Members should check on this website regularly for any changes to the Final Approval Hearing date. 

No. You do not need to appear at the hearing. You will be represented at the Final Approval Hearing by Class Counsel, but you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it, but you may if you wish. You may also pay your own lawyer to attend, if you wish.

You may speak at the Final Approval Hearing if you have not requested exclusion from (i.e., opted out of) the Settlement Class. You cannot speak at the hearing if you excluded yourself from the Settlement. 

For a more detailed statement of the matters involved in the lawsuit or the Settlement, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of the Court, Superior Court of California in and for the County of Orange, Central Justice Center, 700 Civic Center Drive, Santa Ana, CA 92701.

You may also access the case file at https://www.occourts.org/online-services/case-access.

The full Settlement Agreement and certain important filings in the case are also available on the documents page.

If the Court enters a Final Order and Judgment in this case, it will be posted to and available on this website for at least 180 days.

You can find more information here on the website or contact Lead Counsel representing the Settlement Class. You can also call the Settlement Administrator toll free at 1-833-754-9443.  Please do not contact the Court for information. 

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