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Jonathan A. Shapiro (257199)
Case 2:10-cv-09198-JVS-RNB Document 386 Filed 01/30/13 Page 1of2 PageID #:17275
WILMER CUTLER PICKERING HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 93304
Tel: (650) 858-6101
Fax: (650) 858-6100 jonathan.shapiro@wilmerhale.com
Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice)
WILMER CUTLER PICKERING HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109 Tel: (617) 526-6000
Fax: (617) 526-5000 andrea.robinson@wilmerhale.com timothy.perla@wilmerhale.com
Attorneys for Defendant Life Insurance Company of the Southwest
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated,
Plaintiffs, vs. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50
Defendant.
Case No.: CV 10-9198-JVS(RNBx)
DECLARATION OF CRAIG SMITH IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S OPPOSITION TO PLAINTIFFS’ MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT
Judge: Hon. James V. Selna Date: March 4, 2013 Time: 1:30 P.M. Courtroom: 10C
DECLARATION OF CRAIG SMITH, 10-09198-TVS(RNBx)
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Case 2:10-cv-09198-JVS-RNB Document 386 Filed 01/30/13 Page 2of2 PageID #:17276
I, Craig Smith, declare as follows:
1. I am Vice President of Strategic Analysis and Appointed Actuary at Nationa Life. I was previously an illustration actuary for the SecurePlus Provider (“Provider’’) and SecurePlus Paragon (“Paragon”) indexed universal life insurance products issued by Life Insurance Company of the Southwest (“LSW”). I have not been the illustration actuary for these products since early 2011. I was never responsible for any aspects of the design, pricing, or administration of Provider or Paragon and I was never the product actuary for these products.
2. [have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto.
3. As|I testified at my deposition, I did not know one way or the other whether the Company would in fact pay certain non-guaranteed enhancements illustrated to Paragon or Provider policyholders. For this reason, I disagree with Plaintiffs’ characterization of my testimony as stating that LS W lacked the intent to provide those non-guaranteed enhancements.
4. LSW’s GAAP accounting anticipates a 1.25% increase in the interest
credited under the Provider policy beginning in policy year ten.
I declare under the penalty of perjury that the foregoing is true and correct.
ee DECLARATION OF CRAIG SMITH, 10-CV-09198-JVS (RNBx)