Life Insurance Co. Of North America v. Martha Ellen Reichardt, Etc., Martha Ellen Reichardt v. Wesley J. Kinder

Reichardt, a resident of California, sued on behalf of herself and others similarly situated alleging unlawful discrimination in the sale of disability insurance. She complained that disability policies sold by the defendant insurance companies and approved by the California State Insurance Commissioner discriminate against women who cannot obtain coverage for as long a period, must wait longer for benefits, and are charged higher premiums than are men. She alleged that these differences were actuarially not justified.

She alleged four causes of action:

(1) that the Commissioner, by approving the forms of disability policies, has deprived her and her class of their civil rights in violation of 42 U.S.C. § 1983 ;

(2) that the Commissioner, by the same acts, has effected a deprivation of rights in violation of California law;

(3) that the named insurers and the class they represent have conspired to deprive her and her class of civil rights in violation of 42 U.S.C. §§ 1983 , 1985(3); and

(4) that the Life Insurance Company of North America (LINA) inflicted emotional distress upon her by its discriminatory policy-

The district court granted defendants’ Rule 12(b)(6) motion as…