| STATE OF WISCONSIN | CIRCUIT COURT | MILWAUKEE COUNTY |
LAURIE A. VACCA
| v. | Case No.__________________________________ |
| OTHER CONTRACTS - 30303 |
Plaintiff, Laurie Vacca, for her Complaint against defendants, alleges as follows:
1. Plaintiff Laurie Vacca is a resident of the State of Wisconsin residing at 380 Park Hill Drive, Pewuakee, Wisconsin 53072.
2. Defendant American Family Life Insurance Company is a Wisconsin company with its principle place of business located at 6000 American Parkway, Madison, Wisconsin. It is in the business of selling life insurance.
3. Defendant Forest Wilson was at all times pertinent to the issues in this case an insurance agent acting within the scope of employment for and on behalf of American Family Life Insurance Company; his business at all times pertinent to he issues in this case was located at 5454 South 76th Street, Greendale, Wisconsin 53129.
4. Immediately prior to July 17, 1990, defendant Forest Wilson within the scope of his employment for American Family solicited plaintiff Laurie Vacca (then Laurie Pawelko) to purchase an American Family "disappearing premium" life insurance policy. In the course of his solicitation, Forest Wilson represented to Laurie Vacca that if she purchased a whole life "Disappearing Premium" life insurance policy in the amount of $100,000.00 and paid the premiums on said policy for seven years that she would receive $100,000.00 of life insurance protection for life with no additional premiums to be paid after seven years.
5. Plaintiff Laurie Vacca relied on the representations of Forest Wilson in electing to purchase and the American Family "Disappearing Premium" whole life policy #1138344. In August of 1997, plaintiff Laurie Vacca received notice from Forest Wilson on behalf of American Family that she would have to continue paying premiums on the policy she purchased beyond seven years to retain coverage.
6. Laurie Vacca relied on the representations of Forest Wilson to her detriment; all representations of were made by Forest Wilson were made within the scope of his employment for defendant American Family.
7. Defendant American Family is vicariously liable for the actions and inactions of its agent Forest Wilson in this matter.
8. Defendant Forest Wilson's representation to Laurie Vacca in 1990 that the life insurance policy she was purchasing would be paid off in full in seven years was a false and fraudulent misrepresentation.
9. Defendants knew that each misrepresentation was untrue when made and that each above representation was made recklessly with utter disregard for truth or falsity. Defendants made the above misrepresentations with the intent to deceive and defraud plaintiff and to induce plaintiff to act upon said misrepresentations to plaintiffs damages.
10. Plaintiff Laurie Vacca relied upon the misrepresentations of defendants to her damages; she has incurred additional premiums to maintain the promised coverage; she has incurred expenses and lost time from work as a result of her efforts to obtain the sought after coverage all to her damages in an amount to be determined at trial.
11. Defendants violated §628.34(1), Wis. Stats., and Wis. Adm. Code § Ins. 2.16(5), by making false and misleading statements regarding the life insurance policy sold by defendants to plaintiffs.
12. Defendants violated §628.34(2), Wis. Stats., by offering benefits to plaintiff that were not included in the policy - life insurance coverage of $100,000 for only seven years of premiums in the amount of $83.00 per month.
13. The misrepresentations of defendants were made in deliberate indifference to the rights of plaintiff Laurie Vacca thereby entitling her to punitive damages in an amount to be determined at trial.
WHEREFORE, plaintiffs demand judgment against the defendants in accordance with the demands of this complaint, together with costs and disbursements and such other relief as the court may deem just and equitable.
LAW OFFICE OF JOHN C. CABANISSAttorney for Plaintiff