In Re National Western Life Insurance Deferred Annuities Litigation

ORDER: DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Presently before the Court is Defendant National Western Life Insurance Company’s motion for summary judgment. (Doc. No. 104.) Also before the Court are Plaintiffs’ amended opposition (Doc. No. 126) and Defendant’s reply. (Doe. No. 123.) For the reasons stated below, Defendant’s motion is DENIED.

BACKGROUND

Defendant National Western Life Insurance Company “develops, markets, and sells life insurance and annuity products across the United States.” (Memo. ISO Motion, at 1.) These sales, however, are not direct. (Id.) Instead, Defendant contracts with various National Marketing Organizations (“NMOs”). (Id.) These companies “solicit[ ], recruitf] and train[] the sales agents who ultimately present and sell [Defendant’s] deferred annuities to customers.” (Opp., at 3.) NMOs are not under exclusive contract with Defendant; they contract with multiple insurers to market and sell insurance products. (Memo. ISO Motion, at 2.) “From 2000 to the present, NWL has contracted with approximately 165 NMOs in the United States.” (Id.)

Each NMO has a network of sales agents. (Id., at 2.) These agents are located around the country and…