Firm Nos. 34277, 91028, 33696 & 34877 IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT CHANCERY DIVISION SUSAN MILLER, Dr. TASSOS P. NASSOS individually and as Trustee “et D of the living trust of Tassos Nassos and L. irrevocable trust of Mary Nassos, wid 1998 MARY NASSOS as Trustee for the cute ‘ irrevocable trust of Tassos Nassos and py oR JAMES MILLER, as Trustee ERK OF : for the irrevocable trust of Dr. Michael Marchi, ) and all others similarly situated, ) ) Plaintiffs, ) ve ) No. 97 CH 04324 ) ROYAL MACCABEES LIFE ) Judge Michael Getty INSURANCE COMPANY, ) ) Defendant. ) AMENDED CLASS ACTION COMPLAINT Plaintiffs, SUSAN MILLER, Dr. TASSOS P, NASSOS individually and as Trustee of the irrevocable trust of Mary Nassos and the living trust of Tassos Nassos, MARY NASSOS as Trustee for the irrevocable trust of Dr. Tassos Nassos, JAMES MILLER, as Trustee for the irrevocable trust of Dr. Michael Marchi, individually and on behalf of all others similarly situated, bring this action for breach of contract against Defendant for its unauthorized increase in the cost ofinsurance rates charged and collected for the life insurance they purchased. PARTIES 1. Plaintiff, SUSAN MILLER, is an individual who is a resident of Kane County, Illinois. 2. Plaintiff, Dr. TASSOS P. NASSOS both individually as well as in his capacity of trustee of the Tassos Nassos living trust and trustee of the irrevocable trust of Mary Nassos, is an individual who is a resident of Cook County, Illinois. 3. Plaintiff, MARY NASSOS as Trustee for the Tassos P, Nassos irrevocable trust, is an individual who is a resident of Cook County, Illinois. 4. Plaintiff, JAMES MILLER as Trustee of the Dr. Michael Marchi irrevocable trust is an individual who is a resident of Kane County, Illinois. 5. Defendant, ROYAL MACCABEES LIFE INSURANCE COMPANY (“MACCABEES"”), is an insurance company licensed to sell insurance in the State of Illinois. Maccabees does business in Cook County. FACTUAL ALLEGATIONS 6. Onapproximately September 15, 1987, Maccabees sold a life insurance policy to Susan Miller (“the Policy”). A true and correct copy of this policy is attached here and incorporated as Exhibit A. 7. The Policy, which is a form document sold to many people, states, onthe page designated on the lower left hand comer “L-5 (FPAL-6)”, under the heading “Cost of Insurance Benefits,” that: “Monthly Cost of Insurance Rates will be determined by the Company [Maccabees] from time to time based on its expectations as to future mortality experience.” 8. Dr, Tassos Nassos, purchased a similar policy, number 00004089849, that was issued to him individually ‘on May 9, 1989. A true and correct copy of this policy is attached here and incorporated as Exhibit B. 9. Dr. Tassos Nassos as Trustee of the Tassos Nassos living trust, purchased a similar life insurance policy number 00004089759, that was issued to him on May 9, 1989. A true and correct copy of this policy is attached here and incorporated as Exhibit C. 10. Tassos Nassos as Trustee of the Mary Nassos irrevocable trust purchased a similar life insurance policy, numbered 00004089760, that was issued to him on April 1, 1989. A true and correct copy of this policy is attached here and incorporated as Exhibit D. ll. Tassos Nassos purchased, for Mary Nassos as Trustee, a similar policy, number 00004103159, that was issued to her on May 9, 1989. A true and correct copy of this policy is attached here and incorporated as Exhibit E. 12, James Miller as Trustee was issued a similar life insurance policy,