SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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PAULETTE M. FANTOZZI, on behalf of
herself and all other similarly
situated policyholders of Phoenix
Home Life Mutual Insurance Company,
PLAINTIFF,
-against- INDEX NO. Ol/
PHOENIX HOME LIFE MUTUAL INSURANCE Justice
COMPANY, THE PHOENIX COMPANIES,
INC., ROBERT W. FIONDELLA, PHILIP Part
R.. McLOUGHLIN, SAL H. ALFIERO,
J. CARTER BACOT, PETER C. BROWNING, Plaintiffs designate
ARTHUR P. BYRNE, RICHARD N. COOPER, New York County as the
GORDON J. DAVIS, JOHN E. HAIRE, place for trial
JERRY J. JASINOWSKI, THOMAS S.
JOHNSON, JOHN W. JOHNSTONE, JR., Venue is based on
MARILYN E. LAMARCHE, ROBERT F. defendanvs place of
VIZZA, ROBERT G. WILSON, AND residence
MORGAN STANLEY & CO., INCORPORATED f FIbED
SUMMONS :
DEFENDANTS. lb& 2 3 2001
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NW YORK
COUNTY CLERK'S OFFICE
To the Above-Named Defendant:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action
and to serve a copy of your answer, or, if the complaint is not
served with this summons to serve a notice of appearance, on the
plaintiffs' attorney within 20 days after the service of this
Summons, exclusive of the day of service (or within 30 days after
the service is complete if this summons is not personally delivered
to you within the State of New York); and in the case of your
failure to appear or answer, judgment will be taken against you by
default for the relief demanded herein.
Dated: New York, New York
August 16, 2001
JONATHAN KORD LAGEMAJW
300 East42ndSt., 1OthFl.
New York, NY 10017
SNIPPETS:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
PAULETTE M. FANTOZZI, on behalf of herself and all other similarly situated policyholders of
COMPANY, THE PHOENIX COMPANIES,
JERRY J. JASINOWSKI, THOMAS S.
ALLEGATIONS
Misrepresenting to Policyholders That Defendants
The PIB Disclosure Document Disseminated to Policyholders Never Disclosed or Discussed
Minimum Compensation Stated in the PIB,
Demutualization Plan
The Superintendent Approves the Demutualization Plan,
, The Individual Defendants Failed to Retain an
Impartial and Non-Conflicted Investment
BREACH OF FIDUCIARY DUTY
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE OFFICER-DIRECTOR DEFENDANTS FOR NEGLIGENT
AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANT MORGAN
Plaintiff, by and through her attorneys, files this Complaint seeking relief as prayed for
Plaintiff and each member of the Class are policyholders in the mutual company known as
w whether defendants' alleged unlawful conduct caused injury to plaintiff and Class Members.
The PIB Disclosure Document Disseminated to Policyholders Never Disclosed or Discussed
nowhere in the entire PIB did defendants make to plaintiff and other eligible policyholders
Thus, defendants buried in the middle of an extremely lengthy section regarding financial
Defendants further dissimulated their true intentions in a highly misleading "disclosure" in
Defendants Concealed Not Only The Low Consideration
members purchased Phoenix policies through December 18, 2000, in reliance on the foregoing
In spite of all of the foregoing and the obvious conflicts of interest, defendant Morgan
As a direct and proximate result of such unlawful conduct, plaintiff and all Class members
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