Massey

Complaint seeking recovery for a class and for the individual plaintiff was filed December 19, 1969. It alleged that Bank of America, as lender, had insured with Prudential Insurance Company the lives of its borrowers to assure payment of the loans. It asserted that borrowers had been charged premiums in excess of what was necessary to secure payment of their obligations to the bank, and that the bank had received dividends or premium refunds which were not credited to the borrowers. The two defendants answered, each asserting that the action could not properly be maintained as a class action. Nonetheless, plaintiff failed to seek judicial determination of the propriety of the class aspect of the action, what form of notice to members of the class was required, or the adequacy of his representation of the class. On October 17, 1974, defendant bank moved for determination of the class, if any, and for fixing of notice to be given. Defendant insurer joined the motion the next day. On November 1, defendants moved for dismissal of the class action aspect of the action. On November 6, 1974, plaintiff for the first time indicated a desire to have those issues determined. He…