Your guide to London Life s settlement

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1 Your guide to London Life s settlement This guide includes the legal notice of certification and approval of settlement and additional explanatory information about the settlement. Notice of certification and approval of settlement This notice: informs you of the court approval of the settlement and the certification of the lawsuits as class actions informs you of your rights and options as a class member under the settlement provides an explanation of the benefits provided by the settlement informs you of how to opt out of the settlement if you wish to do so, and describes how to obtain additional information about the settlement. Additional explanatory information There is additional explanatory information about the settlement at the end of this guide.

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3 Inside this booklet Notice of certification and approval of settlement Why you received this notice...2 Certification and court approval of the settlement...2 Benefits for current owners...2 Global benefits (Option 1)...3 Global and enhanced benefits (Option 2)...3 Qualification for enhanced benefits...4 Automatic qualification...4 Application for enhanced benefits...4 Individual claims review process (Option 3)...5 Making a claim...5 Claim adjudication process...6 Classification of individual claims...6 Premium offset claims...6 Pay Day claims...8 Cash value claims...11 Your right to appeal a decision...13 Opting out (Option 4)...13 Other information about the settlement...14 Income tax consequences...14 Financial information about the settlement...14 Termination and release...14 Returning your forms...14 Contact information for questions about the settlement...15 London Life Settlement Information Team...15 Class lawyers representing the class members...15 Law firms representing London Life...16 Additional explanatory information Answers to questions...17 Summary of options

4 Notice of certification and settlement approval Why you received this notice A class action settlement has received court approval and is now being implemented. A class action is a lawsuit started on behalf of a group of people, called a class. You have received this notice because you are a member of the class. The settlement was reached between London Life and the plaintiffs in class actions in British Columbia, Ontario and Quebec. The class actions primarily relate to allegations against London Life and its representatives concerning premium offset, policy values and income benefits. In the interest of enhancing policyowner satisfaction and to provide a final resolution of the class actions, London Life has agreed to provide the benefits specified in the settlement agreement to class members. The settlement covers all class members described below, wherever they live. You are the current owner of one or more current class policies, which are listed on your Policy information statement. Class policies are participating life insurance policies (policies that include the words with annual dividends in the policy or plan name) that were issued by London Life in Canada between Jan. 1, 1980, and Dec. 31, Class policies also include Econolife policies (policies with the Econolife dividend option) that were issued at any time before Dec. 31, 1995, where the Econolife dividend option was selected on or before Dec. 31, Participating life insurance policies in the Equity series, which was discontinued in 1982, and policies originally issued by The Prudential Insurance Company of America are not class policies. Current owners are all owners whose class policies were in force on the date of court approval of the settlement, April 15, 2002, except those who have signed a release of claims they may have against London Life relating to premium offset or to the purchase, issuance, replacement or amendment of the policy. This notice is for current owners only. The settlement also provides benefits to former owners of class policies that have lapsed or been surrendered. Former owners were notified of the certification and approval of the settlement in a notice published in numerous Canadian newspapers. The Policy information statement in the enclosed personalized booklet includes a list of your current class policies on page 2. Certification and court approval of the settlement The Courts in British Columbia, Ontario and Quebec have certified the lawsuits to proceed as class actions and have approved the settlement agreement, which provides benefits to all class members. Each Court held that the settlement is fair, reasonable, adequate and in the best interests of the class. The Court decisions approving the settlement became final on April 15, Benefits for current owners Under the settlement, London Life will provide you with the following benefits for each of your current class policies: You will automatically receive global benefits. You may also automatically qualify for enhanced benefits, or you can apply for enhanced benefits. You may choose to make a claim in the individual claims review process, as an alternative to enhanced benefits. You may opt out of the settlement. If you do, you will not be entitled to any of the above benefits. You therefore have four options, described below: 1. Global benefits only 2. Global and enhanced benefits 3. Individual claims review 4. Opting out You may choose only one option for each class policy. The following information about each benefit will help you choose an option on your Election form. 2

5 Global benefits (Option 1) Global benefits will be provided to you automatically, for each of your current class policies, unless you opt out of the settlement. You do not have to complete or return any forms to receive global benefits. Global benefits include: an increase in the annual dividend on your current class policies (called a dividend enhancement) for one year, and for Econolife policies, a reduction in the cost of the term insurance on that policy, which has already been provided. Dividend enhancement As a current owner of a participating life insurance policy, you receive an annual dividend on your policy anniversary. Dividends vary from year to year and are not guaranteed. The global benefits provide an increase, for one year, to the annual dividend otherwise payable on the basic insurance amount of the policy by using an interest rate that is 50 basis points (half of one per cent) higher than the interest rate that would otherwise apply to the policy. London Life will have 180 days to begin providing this benefit once the mailing of all notices to current owners has been completed. The dividend enhancement will then be provided on your first policy anniversary. Reduction in cost of term insurance In addition, all class members who are current owners of an Econolife class policy have already received a five-year reduction in the cost of the term insurance component of those policies. London Life began providing this reduction in March Global and enhanced benefits (Option 2) In addition to global benefits, you either automatically qualify for enhanced benefits, or are entitled to apply for them. The Policy information statement on Page 2 of the personalized booklet shows whether or not you automatically qualify for enhanced benefits. You do not have to complete or return any forms to receive the enhanced benefits that you automatically qualify for. If you do not automatically qualify, information on how to apply for enhanced benefits, and who will be eligible, is set out below. Enhanced benefits include: a dividend enhancement on your current class policies for two more years a cap on the premium offset date for the policy based on London Life s 2001 dividend scale, and a cap on reduced term purchase rates for Econolife policies. Dividend enhancement The enhanced benefits provide an increase to your annual dividend for two more years. As with the global benefits, the annual dividend otherwise payable on the basic insurance amount of the policy will be increased by using an interest rate that is 50 basis points (half of one per cent) higher than the interest rate that would otherwise apply to the policy. Cap on premium offset date The premium offset date for the policy based on London Life s 2001 dividend scale will be no more than 50 per cent later than the premium offset date based on the dividend scale in place when the policy was issued, except as described below. (The premium offset date is the policy anniversary on which the policyowner can cease paying cash premiums and still maintain the total death benefit as set out in the policy provided the dividend scale remains unchanged.) For example, if your policy was originally illustrated to offset after eight years, based on the dividend scale in effect at that time, and you have taken no steps as described below, the premium offset date for the policy under the 2001 dividend scale would be capped so that it is no more than 12 years. When determining the cap, portions of years will be rounded up to the next full year. This cap on the premium offset date will be implemented by providing additional dividend enhancements and/or, for Econolife policies, additional reductions in the term purchase rates for the policy. If you have surrendered any policy values, purchased additional benefits (such as a term insurance rider or total disability benefit), exercised any additional benefits or made any changes to your 3

6 policy that would have the effect of deferring the premium offset date, you will not receive the cap on the premium offset date. You will, however, receive the same dividend enhancements and/or reduced term purchase rates as if there had been no surrender, additional benefits, exercise of additional benefits or changes. If you have taken any of the above steps, or if the dividend scale changes from the 2001 dividend scale, and as a result the premium offset date is deferred, you will be responsible for any additional cash premium payments that are required. Cap on reduced term purchase rates For Econolife policies, reduced term purchase rates are provided to implement the above cap on the premium offset date. Those reduced term purchase rates will become the maximum term purchase rates for the duration of that policy. Qualification for enhanced benefits Automatic qualification The Policy information statement on Page 2 of your personalized booklet shows whether or not you automatically qualify for enhanced benefits. Enhanced benefits are provided automatically for all current class policies for which the representative indicated on the representative report that the policy was sold on the basis of future use of premium offset, that premium offset was a key selling feature, or that premium offset was used in making the sale. The representative report is a form that was generally completed at the time of purchase. Starting in approximately 1985, it included a question about premium offset. If you automatically qualify for enhanced benefits, and Option 2 (global and enhanced benefits) is the option you wish to choose, you don t need to complete or return any forms. You will automatically receive the enhanced benefits in addition to global benefits. If you do not automatically qualify for enhanced benefits, you may choose to apply for those benefits. Application for enhanced benefits If you automatically qualify, you do not need to complete or return any forms to receive enhanced benefits. If you do not automatically qualify for enhanced benefits and wish to apply for them, you must complete an Application for enhanced benefits form and return it with your Election form. Enhanced benefits will be given to all current owners who claim that premium offset was a significant factor in the purchase of the policy, and attach supporting documentation from the time of purchase such as: an illustration of the policy prepared by London Life at the time of purchase, which illustrates premium offset, or a letter from the London Life representative who sold the policy, written at the time of purchase, which indicates that premium offset applies to the policy. If you don t have supporting documentation as outlined above, you may still qualify. Enhanced benefits will also be given to all current owners who file an Application for enhanced benefits form with their Election form claiming that premium offset was a significant factor in the purchase of the policy unless: there is a representative report that expressly indicates that the policy was not sold based on the future use of premium offset, or premium offset could not have been illustrated for the policy at the time of purchase given the plan, registration status, and/or dividend option selected. If you don t have supporting documentation as outlined above, the Application for enhanced benefits form must be a sworn statement. You must swear or affirm to the truth of the contents of the form by taking the form to someone who is authorized to administer oaths, such as a commissioner for oaths, notary public or lawyer. Your application will be reviewed by a claims review officer, and you will be notified whether or not you qualify for enhanced benefits. This decision is final and binding on both London Life and you, and shall not be subject to any form of appeal or other court proceedings. If it is determined that you do not qualify for enhanced benefits, you will still receive global benefits. 4

7 How to apply for enhanced benefits Choose global and enhanced benefits (Option 2) on your Election form and complete an Application for enhanced benefits form. If you don t have supporting documentation as outlined above, the Application for enhanced benefits form must be a sworn statement. You must swear or affirm to the truth of the contents of the form by taking the form to someone who is authorized to administer oaths, such as a commissioner for oaths, notary public or lawyer. Send or deliver the forms to the Settlement Administration Unit in the Claims Administration Facility, within 68 days of the date on your personalized cover letter. If you don t, you will not be eligible for enhanced benefits. The Settlement Administration Unit will notify you in writing whether or not you qualify for enhanced benefits within 60 days after receiving your Election form and Application for enhanced benefits form. Individual claims review process (Option 3) By choosing to make an individual claim, class members can participate in an adjudication process to resolve individual claims relating to premium offset, policy values or income benefits. There are three types of individual claims: 1. Claims based on a representation of a guaranteed premium offset date called premium offset claims 2. Claims based on a representation of a guaranteed annual income for some period of time and, where applicable, a guaranteed premium offset date called Pay Day claims 3. Claims based on a representation of a guaranteed cash value at a specified point in time called cash value claims You may make only one type of claim for each policy a premium offset claim, a Pay Day claim, or a cash value claim. The claim can be based on a representation at the time of purchase of the policy, or at the time of a change to the policy (both referred to below as the acquisition of the policy). Making a claim To make a claim, you must choose the individual claims review process (Option 3) on your Election form and mail or deliver it to the Settlement Administration Unit postmarked or delivered within 68 days of the date on your personalized cover letter. When filing an Election form choosing the individual claims review process, you may also request that London Life provide you with the last address known to it, if any, for the London Life representative you dealt with in connection with the acquisition of the policy. London Life will also advise the representative that this information is being provided to you. London Life will then send you a Claim adjudication package, including a Claim adjudication form. You will also have the opportunity to ask London Life to provide you with copies of certain documents. You must then read and complete the Claim adjudication form, and return it to London Life within 68 days of the date on the cover letter enclosing either the Claim adjudication package or any documents London Life mailed to you as part of the individual claims review process. On the Claim adjudication form, you must choose one of three types of claims: premium offset, Pay Day or cash value. You must then state the basis for your claim. In support of your claim, you may also attach any documentation and statements from witnesses. You must swear or affirm to the truth of the contents of the Claim adjudication form by taking the form to someone who is authorized to administer oaths, such as a commissioner for oaths, notary public or lawyer. Any statements from witnesses must also be sworn or affirmed before a commissioner for oaths, notary public or lawyer. The evidence you provide in your Claim adjudication form will be assessed and your claim classified according to established categories as described below. The benefit you may receive will depend on the type of claim you make and the category into which your claim is classified. 5

8 If you request a Claim adjudication package, but do not return your completed Claim adjudication form to the Settlement Administration Unit within the required time, you will not be entitled to make a claim in the individual claims review process, but will receive the global benefits and any enhanced benefits you automatically qualify for, as shown on your Policy information statement. Claim adjudication process The claim adjudication process is conducted entirely in writing. Once London Life receives your Claim adjudication form and any documents provided with it, these materials, together with any documents London Life has mailed to you in this process, will form your submission. Your submission will be reviewed by a claims review officer who will classify each claim into one of five categories and mail you a classification notice. Each category has a specific benefit as described below. The classification and the benefit you receive will depend on the type of claim you make, the particular attributes of the policy and the evidence relating to the acquisition of the policy. If you do not receive the maximum benefit available under the individual claims review process (Category 1 or 2), you have a right to appeal to an independent adjudicator (see the section Your right to appeal a decision later in this guide). Classification of individual claims Premium offset claims If you choose to make a premium offset claim, it will be classified as set out below. Category 1 Your claim will be classified in this category if the submission establishes that: before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a representation from London Life or a London Life representative that, considered in the entire context, guaranteed that the premiums for the policy would offset permanently on a specified date the representation was in writing, and you understood the written representation to be a guarantee. An unaltered London Life illustration is not a written representation for the purposes of this category. Category 2 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the premiums for the policy would offset permanently on a specified date you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the represented offset date was not guaranteed or were told to ignore such information you understood the verbal representation to be a guarantee, and you have provided a sworn statement from the representative confirming that the verbal representation you describe was made and was not qualified verbally or in writing. The provision of an unaltered London Life illustration alone is not sufficient to constitute a written qualification of a verbal representation for the purposes of this category. Category 3 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the class policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the premiums for the policy would offset permanently on a specified date you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the represented offset date was not guaranteed, or were told to ignore such information 6

9 you understood the verbal representation to be a guarantee you have not provided a sworn statement from the representative that either confirms or denies that the verbal representation you describe occurred, and nothing from the time of the acquisition is included in the submission that either confirms or contradicts the verbal representation you described. Category 4 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the class policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the premiums for the policy would offset permanently on a specified date you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the represented offset date was not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee the submission contains a statement from the representative that denies that the verbal representation you describe occurred, and nothing else from the time of the acquisition is included in the submission that either confirms or contradicts the verbal representation you describe. Category 5 All claims not falling within categories 1, 2, 3 or 4 will be classified into this category. Premium offset claim benefits The represented offset date for these benefits means the later of: the premium offset date for the policy at the time of the acquisition based on the dividend scale in effect at that time, and the premium offset date represented at the time of the acquisition. If a range of dates was represented, the latest date in the range is used. The total death benefit means the basic insurance amount, plus any remaining supplementary term insurance coverage that was in force at the time of acquisition, and, for Econolife policies, the Econolife term insurance coverage. Upon classification of your claim into one of the five categories set out above, the applicable benefit will be awarded as follows: Categories 1 and 2 benefits You will receive a premium offset guarantee based on the represented offset date, implemented as set out below. London Life will guarantee payment of the total death benefit of the policy for as long as the policy is in force. You will only be required to make cash premium payments up to, but not including, the represented offset date. These cash premium payments cannot be made through the use of a premium loan (which is a policy loan taken to pay premiums) or through the use of dividends. If you have already made cash premium payments on and/or subsequent to the represented offset date, you will receive a refund from London Life of those payments with interest at the rate applicable to policy loans as set out in the policy. You will not be required to make any cash premium payments from and after the represented offset date. Premiums will be paid by the annual dividend declared on the class policy and, if necessary, by the surrender of paid-up additions and/or by a premium loan applied against the basic cash value of the class policy. Category 3 benefit You will receive a premium offset guarantee based on an adjusted offset period, implemented as set out below. The adjusted offset period will be 1.4 times the number of years from the date of the acquisition of your policy to the represented offset date. When calculating the adjusted offset period, 7

10 partial premium payments will be rounded up to the next whole premium payment. For example, where the represented offset period was nine years, the adjusted offset period would be 13 years. London Life will guarantee payment of the total death benefit set out in the class policy for as long as the class policy is in force. You will only be required to make cash premium payments up to, but not including, the adjusted offset date (the end of the adjusted offset period). These cash premium payments cannot be made through the use of a premium loan (which is a policy loan taken to pay premiums) or through the use of dividends. If you have already made cash premium payments on and/or subsequent to the adjusted offset date, you will receive a refund of those payments with interest at the rate applicable to policy loans as set out in the class policy. You will not be required to make any more cash premium payments from and after the adjusted offset date. Premiums will be paid by the annual dividend declared on the class policy and, if necessary, by the surrender of paid-up additions and/or by a premium loan applied against the basic cash value of the class policy. Additional information about the benefits for Categories 1, 2 and 3 You will not have to repay a premium loan or paidup additions that you have already taken to pay premiums beyond the represented or adjusted offset date. Any other policy loans or withdrawals you have made from the policy must be repaid to London Life with interest. This will restore the policy to the position it would have been in had the loan or withdrawal not been made. You will not be able to take any new policy loans or withdrawals of cash values or dividends from the policy. If London Life sets up a premium loan to pay the premiums after the represented or adjusted offset date, the amount of the premium loan, including interest, will be deducted from the cash surrender value paid to you if you choose to surrender the policy. The amount of the premium loan, including interest, will not be deducted from the death benefit payable on the policy. If you have made any changes to your policy, including the addition, surrender, removal, or exercise of any policy benefit (such as a term insurance rider or total disability benefit), you will be responsible for any cash premium payments that arise as a result of that change. Category 4 benefit You will receive any global or enhanced benefits you otherwise automatically qualify for, or you may elect to abandon your individual claim, and to exclude the policy that was the subject of that claim from the settlement, by opting out of the settlement. Category 5 benefit You will only be entitled to global benefits. Pay Day claims If you choose to make a Pay Day claim, it will be classified as set out below. Category 1 Your claim will be classified in this category if the submission establishes that: before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a representation from London Life or a London Life representative that, considered in the entire context, guaranteed that the policy would generate an annual income for some period or periods of time during the life of the policy and, where applicable, that the premiums for the policy would offset for a specified period the representation was in writing, and you understood the written representation to be a guarantee. An unaltered London Life illustration is not a written representation for the purposes of this category. Category 2 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a verbal representation from a London Life representative 8

11 that, considered in the entire context, guaranteed that the policy would generate an annual income for some period or periods of time during the life of the policy and, where applicable, that the premiums for the policy would offset for a specified period you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the represented income and represented offset period were not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee, and you have provided a sworn statement from the representative confirming that the verbal representation you describe was made and was not qualified verbally or in writing. The provision of an unaltered London Life illustration alone is not sufficient to constitute a written qualification of a verbal representation for the purposes of this category. Category 3 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the policy would generate an annual income for some period or periods of time during the life of the policy and, where applicable, that the premiums for the policy would offset for a specified period you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the represented income and represented offset period were not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee you have not provided a sworn statement from the representative that either confirms or denies that the verbal representation you describe occurred, and nothing from the time of the acquisition is included in the submission that either confirms or contradicts the verbal representation you described. Category 4 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the policy would generate an annual income for some period or periods of time during the life of the policy and, where applicable, that the premiums for the policy would offset for a specified period you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the represented income and represented offset period were not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee the submission contains a statement from the representative that denies that the verbal representation you describe occurred, and nothing else from the time of the acquisition is included in the submission that either confirms or contradicts the verbal representation you describe. Category 5 All claims not falling within categories 1, 2, 3 or 4 will be classified into this category. Pay Day claim benefits The represented income for these benefits means the annual income the policy would generate for some specified period or periods of time represented at the time of the acquisition as part of the Pay Day representation. 9

12 The represented offset period for these benefits means the later of: the premium offset period for the policy at the time of the acquisition based on the dividend scale in effect at that time, and the premium offset period represented at the time of the acquisition as part of the Pay Day representation. If a range of start dates was represented, the latest date in the range is used. Upon classification of your claim into one of the five categories set out above, the applicable benefit will be awarded as follows: Categories 1 and 2 benefit You will receive a guarantee of the represented income and, where applicable, a premium offset guarantee based on the represented offset period, implemented as set out below. London Life will guarantee payment of the total death benefit of the policy for as long as the policy is in force. London Life will guarantee that if the class policy is in force during the specified period or periods, the represented income will be paid, provided you have made all required premium payments. You will not be required to make cash premium payments during the represented offset period. Any cash premium payments you are required to make cannot be made through the use of a premium loan (which is a policy loan taken to pay premiums) or through the use of dividends. If you have already made cash payments for premiums that are covered by the represented offset period, you will receive a refund from London Life of those payments with interest at the rate applicable to policy loans as set out in the policy. The annual dividend declared on the class policy and, if necessary, the surrender of paid-up additions and/or a premium loan applied against the basic cash value of the class policy will be used to provide the benefit. Category 3 benefit You will receive: a guarantee that the income component will be no less than 70 per cent of the represented income (the adjusted income), where applicable, a premium offset guarantee based on the adjusted offset period, described below. The adjusted offset period will begin after 1.4 times the number of years from the date of the acquisition of your policy to the beginning of the represented offset period. When calculating this date, partial premium payments will be rounded up to the next whole premium payment. For example, where the represented offset period began nine years from the date of the acquisition, the adjusted offset period would begin 13 years from the date of the acquisition. This benefit will be implemented as set out below. London Life will guarantee payment of the total death benefit set out in the policy for as long as the policy is in force. London Life will guarantee that if the class policy is in force during the specified period or periods, the adjusted income will be paid, provided you have made all required premium payments. You will not be required to make cash premium payments during the adjusted offset period. Any cash premium payments you are required to make cannot be made through the use of a premium loan (which is a policy loan taken to pay premiums) or through the use of dividends. If you have already made cash premium payments that are covered by the adjusted offset period, you will receive a refund from London Life of those payments with interest at the rate applicable to policy loans as set out in the policy. The annual dividend declared on the class policy and, if necessary, the surrender of paid-up additions and/or a premium loan applied against the basic cash value of the class policy, will be used to provide the benefit. Additional information about the benefits for Categories 1, 2 and 3 You will not have to repay a premium loan or paidup additions that you have already taken to pay premiums during the represented or adjusted offset period. Any other policy loans or withdrawals you 10

13 have made from the policy must be repaid to London Life with interest. This will restore the policy to the position it would have been in had the loan or withdrawal not been made. You will not be able to take any new policy loans or withdrawals of cash values or dividends from the policy. If London Life sets up a premium loan to pay the premiums during the represented or adjusted offset period, the amount of the premium loan, including interest, will be deducted from the cash surrender value paid to you if you choose to surrender the policy, but not from the death benefit payable on the policy. If you have made any changes to your policy, including the addition, surrender, removal, or exercise of policy benefits (such as a term insurance rider or total disability benefit), you will be responsible for any cash premium payments that arise as a result of that change. Category 4 benefit You will be entitled to any global or enhanced benefits for which you may be otherwise automatically eligible, or you may elect to abandon your individual claim, and to exclude the policy that was the subject of that claim from the settlement, by opting out of the settlement. Category 5 benefit You will only be entitled to global benefits. Cash value claims If you choose to make a cash value claim, it will be classified as set out below. Category 1 Your claim will be classified in this category if the submission establishes that: before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a representation from London Life or a London Life representative that, considered in the entire context, guaranteed that the total cash value of the class policy would be a specified amount at a specified point in time the representation was in writing, and you understood the written representation to be a guarantee. An unaltered London Life illustration is not a written representation for the purposes of this category. Category 2 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the total cash value of the class policy would be a specified amount at a specified point in time you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the total cash value was not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee, and the submission contains a sworn statement from the representative confirming that the verbal representation you describe was made and was not qualified verbally or in writing. Category 3 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the class policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the total cash value of the class policy would be a specified amount at a specified point in time you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the total cash value was not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee, and 11

14 the submission does not contain a statement from the representative that either confirms or denies that the verbal representation you describe occurred, and nothing from the time of the acquisition is included in the submission that either confirms or contradicts the verbal representation you described. Category 4 Your claim will be classified in this category if the submission establishes that: you claim that, before or at the time of an acquisition of the class policy, and in connection with that acquisition, you received a verbal representation from a London Life representative that, considered in the entire context, guaranteed that the total cash value of the class policy would be a specified amount at a specified point in time you were not informed verbally or in writing, either in the form of an unaltered London Life illustration or otherwise, that dividends could be higher or lower, or that the total cash value was not guaranteed, or were told to ignore such information you understood the verbal representation to be a guarantee, and the submission contains a statement from the representative that denies that the verbal representation you describe occurred, and nothing else from the time of the acquisition is included in the submission that either confirms or contradicts the verbal representation you describe. Category 5 All claims not falling within categories 1, 2, 3 or 4 will be classified into this category. Cash value claim benefits The represented total cash value for these benefits means the lower of: the cash value for the policy at the time of the acquisition for the specified point in time based on the dividend scale in effect at that time, and the cash value represented at the time of the acquisition for the specified point in time. If a range of amounts was represented, the lowest amount in the range will be used. 12 Upon classification of your claim into one of the five categories set out above, the applicable benefit will be awarded as follows: Categories 1 and 2 benefit London Life will guarantee that if the class policy is in force at the specified point in time, the total cash value of the class policy on the policy anniversary closest to but not before the specified time will be no less than the represented total cash value, provided you have made all required premium payments. Category 3 benefit London Life will guarantee that if the class policy is in force at the specified point in time, the total cash value of the class policy on the policy anniversary closest to but not before the specified time will be no less than 70 per cent of the represented total cash value (the adjusted total cash value ), provided you have made all required premium payments. Additional information about the benefits for Categories 1, 2 and 3 Any policy loans or withdrawals from the policy you have made must be repaid to London Life with interest. This will restore the policy to the position it would have been in had the loan or withdrawal not been made. You will not be able to take any new policy loans or withdrawals of cash values or dividends from the policy. Category 4 benefit You will be entitled to any global or enhanced benefits you otherwise automatically qualify for, or you may elect to abandon your individual claim, and to exclude the policy that was the subject of that claim from the settlement, by opting out of the settlement. Category 5 benefit You will only be entitled to global benefits.

15 Your right to appeal a decision If you do not receive the maximum benefit available under the individual claims review process (Category 1 or 2), you have a right to appeal to an independent adjudicator. The independent adjudicator will be a retired judge or arbitrator approved by the Courts to act as an independent adjudicator in this settlement. To appeal, you must file a notice of appeal within 38 days of the date on your Classification notice, and may attach up to two pages of written argument to your notice of appeal. London Life may also file up to two pages of written argument in response. The independent adjudicator will then make a fresh decision based solely on his or her review of the original submission and any written argument, and will classify your claim. You will be notified of the independent adjudicator s classification. If the independent adjudicator classifies your claim as either Category 4 or 5, you will not be entitled to any benefit under this settlement other than global benefits. You will no longer be entitled to any enhanced benefits you would otherwise have automatically qualified for. You will not be able to opt out. The decision of the independent adjudicator is final and binding on both London Life and you, and shall not be subject to any form of appeal or other court proceedings. If you do not appeal, the decision of the claims review officer is final and binding on both London Life and you, and shall not be subject to any form of appeal or other court proceedings. The costs of the independent adjudicator will be paid for by London Life. How to apply for the individual claims review process Choose the individual claims review process (Option 3) on your Election form. If you need the address of the representative involved in the acquisition of the policy, please complete the enclosed Request for representative s address form and submit it with the Election form. Mail or deliver your forms to the Settlement Administration Unit postmarked or delivered within 68 days of the date on your personalized cover letter. If you don t, you will not be eligible to make an individual claim. London Life will send you a claims package that includes a Claim adjudication form and related instructions. Opting out (Option 4) You may choose to opt out and exclude yourself from the settlement. If you opt out, you will not be entitled to receive any settlement benefits. You will not be able to pursue a lawsuit or make any other claim relating to the matters covered by the settlement unless you opt out. If you wish to opt out, you must choose that option on the Election form. To be valid, this form must be postmarked or delivered to the Settlement Administration Unit within 68 days of the date on your personalized cover letter. 13

16 Other information about the settlement Income tax consequences London Life is not responsible for any tax liabilities that you may have as a result of receiving any benefit under the settlement or otherwise. For further information, you should discuss the tax implications of your policy with your accountant or tax advisor. Financial information about the settlement London Life will not recover the costs of the settlement benefits and expenses through future dividend scale changes. Future policyowner dividends will continue to reflect changes in such things as interest rates, claims and expenses. The benefits and administrative expenses of the settlement have been fully provided for through reserves in the participating account. Termination and release London Life retains the right to terminate this settlement within 80 days of mailing the last notice to owners if more than 5,000 class members have opted out of the settlement by that time. If the settlement is not terminated, class members release all claims. This means that class members will not be able to start or maintain any claim or legal proceeding that could have been raised in the settled lawsuits against London Life, its representatives or agents, or anyone else who might make a claim against London Life or its representatives or agents, in connection with representations, omissions or other conduct by London Life, its representatives or agents, that occurred during or in connection with the acquisition of a policy, or that may occur in connection with the offering of any benefits or remedies under the settlement. Returning your forms Forms must be sent or delivered to the Settlement Administration Unit in the Claims Administration Facility. London Life s address is Settlement Administration Unit T-645, London Life, 255 Dufferin Avenue, London, Ontario, N6A 4K1. These forms must be postmarked or delivered within certain time periods, as previously mentioned. 14

17 Contact information for questions about the settlement London Life s Settlement Information Team If you have any questions about the settlement or the information in this guide, you may contact London Life s Settlement Information Team toll free at , Monday to Friday, between 8 a.m. and 7 p.m. EDT. When you call, please have your policy number and information package available. Information is also available on London Life s Internet Web site at Or, you may contact the lawyers who represent all members of the class, including you, who will provide you with assistance at no cost. Class lawyers representing the class members The three law firms listed below represent all members of the class. You will not be charged for the services provided by these law firms in connection with the settlement and its implementation, including advice and representation to you as an owner of one or more class policies. If, however, you use a different lawyer, you will be responsible for paying any fees and expenses for that lawyer. For all inquires from Quebec, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, contact: Lauzon Bélanger 511 Place D Armes Suite 200 Montréal, Quebec H2Y 2W7 Yves Lauzon/Gilles Gareau Phone: Fax: For all inquiries from Manitoba, Saskatchewan, Alberta, British Columbia, Nunavut, the Yukon and the Northwest Territories, contact: Poyner Baxter Chadwick Crt. North Vancouver, B.C. V7M 3K1 James Poyner/Kenneth Baxter Phone: Fax: For all inquiries from Ontario and outside of Canada, contact: Scarfone Hawkins LLP King Street West P.O. Box 926, Stn. LCD 1 Hamilton, Ontario L8N 3P9 David Thompson/Jeffrey Teal Phone: Fax:

18 Law firms representing London Life If your lawyer wants to contact the lawyers representing London Life, they may be contacted as follows: Quebec McCarthy Tétrault LLP Le Windsor, 1170 Peel Montreal, Quebec H3B 4S8 Julie Chenette Fax: British Columbia Nathanson, Schachter and Thompson Howe Street Vancouver, B.C. V6Z 2M4 Irwin Nathanson Fax: Ontario Torys LLP Suite 3000, TD Centre 79 Wellington Street West Toronto, Ontario M5K 1N2 Wendy Matheson Fax: MAILING OF THIS NOTICE HAS BEEN AUTHORIZED BY THE SUPREME COURT OF BRITISH COLUMBIA, THE ONTARIO SUPERIOR COURT OF JUSTICE AND THE QUEBEC SUPERIOR COURT. 16

19 Additional explanatory information Answers to questions 1. Why did I receive this package? A class action settlement has received court approval and is now being implemented. You have received this package because you are a member of the class. The class actions primarily relate to allegations concerning premium offset, policy values and income benefits. 2. In general, what benefits are provided by the settlement? The benefits for current owners are described in the Benefits for current owners section of Your guide to London Life s settlement, and include: global benefits, which provide a dividend enhancement for one year, and in addition, for Econolife policies, a reduction in the cost of the term insurance on the policy for five years, which has already been provided, and enhanced benefits, for eligible class members, which provide dividend enhancements for two more years, a cap on the premium offset date for the policy based on London Life s 2001 dividend scale, and, for Econolife policies, a cap on the cost of the term insurance component of the Econolife coverage on the policy, or alternatively, an individual claims review process, which is an adjudication process for resolving any individual claims relating to premium offset, policy values and income benefits. Please read Your guide to London Life s settlement for a description of the above benefits, and information about eligibility. 3. Do I need to do anything to receive settlement benefits? You do not need to do anything to receive the benefits that you automatically qualify for. You automatically qualify for global benefits, and may also automatically qualify for enhanced benefits. Please refer to your Policy information statement in your personalized booklet to see which benefits you automatically qualify for. To receive any other benefits, you must follow the instructions in this package, which describe both how to apply, and who will be eligible for other benefits. 4. Have the courts approved the settlement? Yes. The courts have determined that the settlement is fair, reasonable and in the best interests of class members. The class lawyers, who represent the class members, have also agreed that the settlement is fair, reasonable and in the best interests of the class. 5. The guide refers to court actions in B.C., Ontario or Quebec. I don t live in B.C., Ontario or Quebec. Does the settlement cover me? Yes. The settlement includes all class members, regardless of where they live. 6. Can you give me an example of a premium offset claim? A premium offset claim is a claim based on a representation of a guaranteed premium offset date for a class policy. For example, a policyowner may claim that he or she was told that he or she could discontinue paying cash premiums on a specified date and the policy would remain in force. For another example, a policyowner may claim that he or she replaced a policy with a new policy and was told that they would only have to pay premiums on the new policy for a small number of years after which premiums would be paid by the dividends on the new policy. 7. Is premium offset the same thing as vanishing premiums? Vanishing premiums is a term used by some people to refer to premium offset. 8. Is premium offset the same thing as Premium Vacation? The name Premium Vacation has been used by London Life since Premium Vacation includes premium offset, and also allows for the use of dividends to pay part of the premiums due 17

20 in certain circumstances. As with premium offset, the availability of Premium Vacation is not guaranteed. Since Premium Vacation includes premium offset, if you have made inquiries about premium offset since 1996, or received any documentation regarding premium offset, that documentation may have referred to Premium Vacation instead of or in addition to premium offset. 9. The settlement also includes income claims, which are also called Pay Day claims. Can you give me an example of this kind of claim? An income or Pay Day claim is a claim that a policyowner was told that his or her class policy would generate an income for a defined period of time, without cancelling the policy, and in some instances, would go on premium offset. For example, a policyowner may claim that he or she was told that the policy would provide a specific amount of income at the time of retirement, without paying premiums, and remain in force. 10. The settlement also includes policy value claims, which are also called cash value claims. Can you give me an example of this kind of claim? A policy value or cash value claim is a claim that a policyowner was told that his or her class policy would have a certain total cash surrender value at a specified point in time. For example, a policyowner may claim that he or she was told that the policy would have a certain total cash surrender value at the time of retirement. 11. What are dividends? Policyowner dividends are amounts that are credited to your participating life insurance policy, paid from the earnings of London Life s participating account in accordance with the company s dividend policy. Dividends are not guaranteed and may increase or decrease from year to year. Future policyowner dividends will continue to reflect changes in such things as interest rates, claims and expenses. Dividends are credited according to your selected dividend option. 12. If I do nothing and therefore receive the automatic benefits, or if I choose to apply for other benefits, can I still cancel my class policy at a later date? Yes. You will receive the settlement benefits you are entitled to up to the date that you cancel your class policy. The settlement benefits, which are described in this guide, extend for a number of years, depending on the benefit. To receive benefits, a class policy must be in force at the time benefits are to be provided under the settlement. If you choose to cancel your policy before all the benefits have been provided, you will not be entitled to the remaining benefits. 13. Do I need a lawyer? You do not have to speak with a lawyer to pursue any of the options under the settlement. If, however, you wish legal advice, the law firms representing class members are available to answer your questions. You will find their contact information in the Class lawyers representing the class members section of Your guide to London Life s settlement. If you decide to hire another lawyer to represent you, you are responsible to pay that lawyer s fees and expenses. 14. My policy is now terminated. Why did I receive this current owner package? You received this package for current owners because at the time of court approval of the settlement, April 15, 2002, your policy was still in force. You are therefore a current owner under the terms of the settlement. If you wish to reinstate your policy in order to receive benefits under the settlement, please consult your policy contract to determine your ability to reinstate your policy. 18

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