Frequently Asked Questions

This lawsuit is about whether KCL’s Cost of Insurance deductions were consistent with the policy language in the flexible premium adjustable life insurance policies issued by KCL (“Policies”). The Policies have a cash value, accumulated value, or contract value (“Accumulated Value”) that earns interest or investment returns. The Policies expressly authorize KCL to take a Monthly Deduction from the Accumulated Value each month.

Plaintiffs allege that KCL violated the Policies in three different ways.

• First, the Policies state that the Cost of Insurance Rates used to calculate monthly Cost of Insurance Charges will be determined by KCL based on its expectations as to future mortality experience. Plaintiffs allege that KCL impermissibly used unauthorized and undisclosed non-mortality factors to determine the Cost of Insurance Rates.
• Second, Plaintiffs allege KCL failed to reduce its Cost of Insurance Rates when KCL’s expectations as to future mortality experience improved.
• Third, while the Policies provide for a separate Monthly Expense Charge, Plaintiffs allege that KCL exceeds the fixed amount of this charge by using its expenses when determining Cost of Insurance Rates.
• Plaintiffs also allege KCL’s actions relating to deductions from policy owners’ Accumulated Values make it liable for conversion.

KCL denies all of Plaintiffs’ claims, and asserts that, at all times, it complied with the plain language of the Policies.

There have been other cases filed against KCL regarding the allegations described in Question 2 of the Notice, including:

• Karr v. Kansas City Life Insurance Co.
• Meek v. Kansas City Life Insurance Co.
• Sheldon v. Kansas City Life Insurance Co.
• Fine v. Kansas City Life Insurance Co.
• McMillan v. Kansas City Life Insurance Co.

The first two cases (Karr and Meek) are separate from this case. If you were a class member in either of those cases, you should have received a separate notice and may have been entitled to, or have already received, a payment. You may also be entitled to a payment as part of this settlement for alleged overcharges that occurred outside the period of time covered by the outcome in those two cases. The third case (Sheldon) is subject to a settlement being overseen by another judge and members of that class should receive a separate notice of settlement. The last two cases (Fine and McMillan) will be resolved as part of this settlement if it is approved by the Court.

If you do not want to participate in this settlement and want to exclude yourself from this class, you must follow the exclusion requirements, even if you asked to be excluded and were excluded in one or more of the other cases. Otherwise, you will be bound by the terms of this settlement if it is approved. If you want to receive a payment if this settlement is approved and you are a member of the class, you don’t have to take any action.

If you have any questions about your membership in any of the classes, please contact class counsel.

The Parties negotiated the Settlement with an understanding of the factual and legal issues that would affect the outcome of these lawsuits. During the lawsuits, Plaintiffs, through their attorneys, thoroughly examined and investigated the facts and the law relating to the issues in these cases.

Plaintiffs believe that the final outcome of the lawsuit and the other lawsuits identified in Question 3, if they were to proceed through trial and appeals, is uncertain. A settlement avoids the costs and risks of further litigation and provides immediate relief to the Settlement Class Members. Based on their evaluation of the facts and law, Plaintiffs and their attorneys have determined that the proposed Settlement is fair, reasonable, and adequate. They have reached this conclusion based on the substantial benefits the Settlement provides to Settlement Class Members and the risks, uncertainties, and costs inherent in the lawsuit.

While there were trials in the Meek, Karr, and Sheldon cases, there have been no trials or final appellate determinations on the merits of the claims or defenses in this lawsuit or the other lawsuits. There will be no trial or final determination on the merits of the remaining claims and defenses if the Court approves the Settlement. The Settlement does not indicate that KCL has done anything wrong or that Plaintiffs and the Settlement Class Members would win or lose if this lawsuit or any of the other lawsuits were to go to trial.

The Settlement Class includes all persons or entities who own or owned one of the approximately 88,000 Policies issued by KCL. “Policies” means all Better Life Plan, Better Life Plan Qualified, LifeTrack, AGP, MGP, PGP, Chapter One, Classic, Century II, Rightrack (89), Performer (88), Performer (91), Prime Performer, Competitor (88), Competitor (91), Executive (88), Executive (91), Protector 50, LewerMax, Ultra 20 (93), Competitor II, Executive II, Performer II, or Ultra 20 (96) life insurance policies issued by KCL that were active on or after January 1, 2002, except for the Century II life insurance policies issued by KCL in the state of Missouri that were active on or after January 1, 2002. A Policy includes all applications, schedules, riders, and other forms that were specifically made a part of the Policy at the time of issue, plus all riders and amendments issued later. Policies include everything that was part of “The Policy,” as that term is defined in your Policy or Policies.

A separate settlement class covers all persons or entities who own or owned a Century II life insurance policy issued by KCL in the state of Missouri. This class is called the Sheldon class and their claims were part of a verdict that was on appeal at the time of the settlement. That settlement is being overseen by the Hon. Marty Seaton in the 16th Circuit Court of Jackson County, Missouri. If you own or owned a Century II policy issued in the state of Missouri, you should receive a separate notice setting out your rights and obligations related to that settlement. If you owned both a Century II policy issued in Missouri and another one of the policies listed above, you could be part of both settlement classes.

You are not part of the Settlement Class if you are KCL; any entity in which KCL has a controlling interest; any of the officers, employees, or board of directors of KCL; the legal representatives, heirs, successors, and assigns of KCL; anyone employed with Plaintiffs’ counsel’s law firms; or any Judge to whom this Action or Related Action is assigned or his or her immediate family.

If someone who would otherwise be a Settlement Class Member is deceased, his or her estate is a Settlement Class Member.

KCL has agreed to fund a Settlement Fund of which $40 million will be used to pay (1) all payments to Settlement Class Members; (2) Class Counsel’s attorneys’ fees and expenses in an amount to be approved by the Court; (3) any service awards to Plaintiffs (Peter M. van Zanten, Dwain E. Vittetoe, Robert R. Fine, and Larry A. McMillan) in an amount to be approved by the Court; and (4) the expenses incurred in administering the Settlement. The Net Settlement Fund equals $40 million less the amounts described in (2) through (4) as approved by the Court.

If the Court approves the Settlement, settlement checks will be mailed to Settlement Class Members in amounts that will vary according to a Distribution Plan. The Distribution Plan is designed to provide each Settlement Class Member an approximate pro rata portion of the Net Settlement Fund in proportion to the amount of Cost of Insurance charges actually paid by each Settlement Class Member. There will also be a minimum cash payment and more paid where a Settlement Class Member’s Policy is still in force.

The full Distribution Plan is attached to Plaintiffs’ Motion Pursuant to Rule 23(e) for Preliminary Approval of Class Action Settlement and to Permit Issuance of Notice to Settlement Class.

Settlement Class Members do not have to do anything to participate in the Settlement. No claims need to be filed. Upon approval of the Settlement, a settlement check will be sent to every Settlement Class Member in the amount determined by the Settlement Administrator using the method described in Question 7. If someone who would otherwise be a Settlement Class Member is deceased, his or her estate is a Settlement Class Member. If your address changes, you should contact the Settlement Administrator to give them your new address.

The settlement checks will be sent to Settlement Class Members within 30 days after the Final Settlement Date, which is the date that the approval process is formally completed. It is a condition of the Settlement that both the Court in this case and the Sheldon Court approve the Settlement. The Final Settlement Date will not occur until both approvals have been given and are final. Settlement checks will be automatically mailed without any proof of claim or further action on the part of the Settlement Class Members. It could take several months to complete the Settlement process and depending on factors that cannot be predicted at this time.

Yes. If you don’t want a payment from the Settlement, and/or you want to keep the right to hire your own lawyer and sue Symetra at your own expense about the issues in this case, then you may request to be excluded from the Settlement Class by sending a written notice to the Settlement Administrator. The notice must include the following information:

• The Settlement Class Member’s name (or the name of the entity that owns the Policy), current address, telephone number, and e-mail address;
• Policy number(s);
• A clear statement that the Settlement Class Member elects to be excluded from the Settlement Class and does not want to participate in the Settlement in van Zanten and Vittetoe v. Kansas City Life Insurance Company, Case No. 4:25-cv-00095-BP; and,
• The Settlement Class Member’s signature, or the signature of a person providing a valid power of attorney to act on behalf of the Settlement Class Member. If there are multiple owners of a Class Policy, all owners must sign the notice, unless the signatory submits a copy of a valid power of attorney to act on behalf of all then-current owners of the Policy.

If you want to exclude yourself from the Settlement, your written notice must be mailed to the Settlement Administrator at KCL COI Settlement Administrator, P.O. Box 2010, Chanhassen, MN 55317-2010, postmarked no later than October 27, 2025.

You can object to the Settlement if you do not like some part of it. The Court will consider your views. To object to the Settlement, you must serve a written objection in the case, van Zanten and Vittetoe v. Kansas City Life Insurance Company, Case No. 4:25-cv-00095-BP. The objection must include the following information:

• The Settlement Class Member’s name (or the name of the entity that owns the Policy), current address, telephone number, and email address;
• Policy number(s);
• A written statement of all grounds for your objection accompanied by any legal support for the objection (if any);
• Copies of any papers, briefs, or other documents upon which the objection is based;
• A list of all persons who will be called to testify in support of the objection (if any);
• An indication of whether you intend to appear at the Fairness Hearing and the identity of all attorneys (if any) who will appear at the Settlement Hearing on your behalf;
• A statement whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; and
• The signature of you or your counsel.

You must mail your objection to the Settlement Administrator at KCL COI Settlement Administrator, P.O. Box 2010, Chanhassen, MN 55317-2010, postmarked no later than October 27, 2025.

The Judge will hold the Fairness Hearing at 10:00 a.m. on December 12, 2025, at the United States District Court for the Western District of Missouri, 400 E. 9th Street, Courtroom 7A, Kansas City, MO 64106. The Fairness Hearing may be moved to a different date or time without additional notice being mailed to you, so please check this website for any updates. At the Fairness Hearing, the Judge will consider whether the Settlement is fair, reasonable, and adequate and in the best interests of Settlement Class Members and whether to award the requested attorneys’ fees, expenses, service awards, and the costs of settlement administration. If there are objections, the Judge will consider them and will listen to people who have asked to speak at the Fairness Hearing. After the Fairness Hearing, the Judge will decide whether to approve the Settlement. We do not know how long the Judge’s decision will take.