GREGG v. AMERIPRISE FINANCIAL, INC.

No. 29 WAP 2019.

245 A.3d 637 (2021)

Gary L. GREGG and Mary E. Gregg, Appellees v. AMERIPRISE FINANCIAL, INC., Ameriprise Financial Services, Inc., Riversource Life Insurance Company and Robert A. Kovalchik, Appellants.

Supreme Court of Pennsylvania.

Decided: February 17, 2021.


Attorney(s) appearing for the Case

Casey Alan Coyle, Esq. , Eckert Seamans Cherin & Mellott, LLC, for Pennsylvania Builders Association, Amicus Curiae.

Michael D. Donovan, Esq. , Donovan Litigation Group, LLC, for National Consumer Law Center, National Association of Consumer Advocates, Community Legal Services, Americans for Financial Reform Education Fund, Community Justice Project, Consumer Federation of America, Legal Aid of Southeastern Pennsylvania, Neighborhood Legal Services, Pennsylvania Legal Aid Network, Inc., Pennsylvania Legal Assistance Center, Amici Curiae.

James Lee Goldsmith, Esq. , Michael Donahoo Reed, Esq. , Mette Evans & Woodside, PC, for Pennsylvania Association of Realtors, Amicus Curiae.

Howard Greeley Hopkirk, Esq. , Pennsylvania Office of Attorney General, for Attorney General, Amicus Curiae.

Michael Lee Kichline, Esq. , Dechert LLP, for Pennsylvania Coalition for Civil Justice Reform, Pennsylvania Bankers Association, Pennsylvania Health Care Association, Pennsylvania Manufacturers' Association, University of Pittsburgh Medical Center, American Property Casualty Insurance Association, American Tort Reform Association, Chamber of Commerce of the United States of America, National Federation of Independent Business, Amici Curiae.

Mark E. Milsop, Esq. , Berger and Green, P.C., for Pennsylvania Association for Justice, Amicus Curiae.

Kathy Kay Condo, Esq. , for Riversource Life Insurance Company, Ameriprise Financial, Inc., Ameriprise Financial Services Inc., Kovalchik, Robert A., Appellants.

Kenneth Robert Behrend, Esq. , Behrend Law Group LLC, for Gregg, Gary L., Gregg, Mary E., Appellees.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

In 1999, Gary and Mary Gregg sought the expertise of Robert A. Kovalchik, a financial advisor and insurance salesperson for Ameriprise Financial, Inc. Engaging in what the trial court would later conclude to be deceptive sales practices, Kovalchik made material misrepresentations to the Greggs...

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