Claim Form Deadline: No Claim Form Required (Automatic Payments if Approved)
What Is the Kansas City Life Insurance Settlement?
You may be part of a new $40 million class action settlement reached with Kansas City Life Insurance Company over allegations that it improperly calculated and deducted cost of insurance charges from the cash or accumulated values of certain flexible premium adjustable life insurance policies.
The class action lawsuit, van Zanten and Vittetoe v. Kansas City Life Insurance Company, Case No. 4:25-cv-00095-BP, is pending in the United States District Court for the Western District of Missouri before Chief District Judge Beth Phillips. The case challenges whether Kansas City Life, referred to as KCL, calculated monthly cost of insurance charges in a way that was consistent with policy language.
According to the class notice, the policies at issue have an accumulated value that earns interest or investment returns. Each month, KCL takes a Monthly Deduction from that value, which includes a cost of insurance component and a separate expense charge. Plaintiffs allege that KCL:
• Used unauthorized and undisclosed non mortality factors when setting cost of insurance rates
• Failed to reduce cost of insurance rates when expectations about future mortality improved
• Used its own expenses in setting cost of insurance rates, even though expenses should have been covered by a separate fixed monthly expense charge
• Wrongfully deducted amounts from policy owners accumulated values, making it liable for conversion
KCL denies all wrongdoing and maintains that it complied with the plain language of the policies. The Court has not decided who is right. Instead, both sides agreed to a $40 million settlement to avoid the cost and uncertainty of continued litigation and related appeals, and to provide cash payments to policy owners if the settlement is approved.
Who Is Included in the Settlement?
The settlement class covers current and former owners of certain KCL flexible premium adjustable life insurance policies that were active on or after January 1, 2002.
The settlement class includes all persons or entities who own or owned one of the approximately 88,000 policies issued by KCL under the following product names:
• Better Life Plan
• Better Life Plan Qualified
• LifeTrack
• AGP, MGP, PGP
• Chapter One
• Classic
• Century II (except those issued in Missouri)
• Rightrack (89)
• Performer (88) and Performer (91)
• Prime Performer
• Competitor (88) and Competitor (91)
• Executive (88) and Executive (91)
• Protector 50
• LewerMax
• Ultra 20 (93)
• Competitor II, Executive II, Performer II
• Ultra 20 (96)
Policies must have been active on or after January 1, 2002 to be included, except that Century II life policies issued by KCL in the state of Missouri are covered by a separate settlement known as the Sheldon settlement. If you owned both a Century II Missouri policy and another policy listed above, you may be part of both settlements and should receive separate notices.
You are not part of the settlement class if you are KCL itself, an entity in which KCL has a controlling interest, any of KCL's officers, employees, or directors, the legal representatives or heirs of KCL, anyone employed by plaintiffs counsel, or any judge assigned to this case and their immediate family members.
If a person who would otherwise be a settlement class member is deceased, his or her estate is considered the settlement class member and may receive payment.
What Is the Total Settlement Amount?
KCL has agreed to fund a global Settlement Fund in the amount of $40,000,000. According to the notice, this fund will be used to pay:
• Cash payments to settlement class members
• Court approved attorneys fees and expenses for class counsel
• Any service awards to the named plaintiffs
• Settlement administration and notice costs
After the Court approves payments for fees, costs, and any service awards, the remaining amount is called the Net Settlement Fund. That net amount will be distributed to settlement class members under a Distribution Plan designed to allocate money in proportion to the cost of insurance charges actually paid on each policy.
How Do I Qualify For a Payout?
To qualify for a payment, both of the following must be true:
• You own or owned one of the KCL policies listed in the class definition
• Your policy was active on or after January 1, 2002
KCL's records have been used to identify policy owners whose policies fall within the class definition. If you received a mailed class notice addressed to you as a current or former policy owner, you have already been identified as a potential settlement class member.
If you are not sure whether you are in the class, you can contact the Settlement Administrator directly.
How Much Can I Get Paid?
Individual payment amounts will vary and are not fixed. The Distribution Plan is intended to provide each settlement class member with an approximate pro rata share of the Net Settlement Fund based on the amount of cost of insurance charges actually paid on their policy over time.
In general:
• The more cost of insurance charges deducted from your policy's accumulated value, the larger your potential payment share
• There will be a minimum cash payment for all eligible settlement class members
• Policies that remain in force may receive additional amounts compared with policies that lapsed or were surrendered
The exact dollar amount of your check will depend on:
• How much in cost of insurance charges was deducted from your specific policy
• How many policies and policy owners participate in the settlement
• The amount of attorneys fees, expenses, service awards, and administration costs approved by the Court
Because this is a pro rata distribution across approximately 88,000 policies, the notice does not quote an exact estimated payment per policy. Payments may differ significantly from one policy owner to another.
Do I Need To File a Claim or Provide Proof?
No claim form is required in this settlement.
According to the class notice, settlement class members:
• Do not need to submit a claim form
• Do not need to upload documents or proof of payment
• Will receive automatic settlement checks if the settlement receives final approval and becomes effective
The Settlement Administrator will use KCL's own policy and billing records to calculate each settlement class member's share of the Net Settlement Fund.
You should, however, make sure that the Settlement Administrator has your current mailing address so your check can be delivered. The notice asks that address updates be submitted by December 11, 2025.
How Do I Participate in the Settlement?
If you are a settlement class member and you want to receive money from the settlement, you do not need to do anything.
Participation is automatic:
• If the Court approves the settlement and it becomes final, a settlement check will be mailed to you
• You do not have to file a claim
• You will give up certain legal claims against KCL relating to cost of insurance deductions, as described in the Settlement Agreement
If your address has changed or will change, you should contact the Settlement Administrator as soon as possible to update your address so your check is not delayed or returned.
What Is the Claim Form Deadline?
There is no claim form deadline because there is no claim form in this settlement. Payments will be issued automatically if the settlement is approved and becomes final.
The key participation related date mentioned in the notice is:
• Address update date: Notify the Settlement Administrator of address changes by December 11, 2025
The opt out and objection deadlines are separate and are explained below.
How Many People Are Affected?
The class action settlement class includes all persons or entities who own or owned one of approximately 88,000 covered policies issued by KCL that were active on or after January 1, 2002, excluding Century II policies issued in Missouri.
Because some policies may have had multiple owners or ownership changes over time, the total number of individual people affected by the settlement could be higher than the number of policies.
Important Dates
The court approved notice lists several key dates:
• Exclusion request deadline: October 27, 2025
• Objection deadline: October 27, 2025
• Address update date: December 11, 2025
• Fairness Hearing: December 12, 2025 at 10:00 a.m.
When Will the Class Action Settlement Payments Be Sent?
Settlement checks will not be mailed until:
• The Court in this case grants final approval of the settlement
• The related Sheldon settlement overseen in Missouri state court also receives final approval
• Any appeals from either settlement are fully resolved
The notice explains that settlement checks will be sent to class members within 30 days after the Final Settlement Date. The Final Settlement Date is the date when both this federal settlement and the Sheldon settlement have received final approval and are no longer subject to appeal.
Because appeals can take many months, there is no exact payment date yet. Class members are encouraged to check the official settlement website for updates on timing.
What Are My Options?
If you are a settlement class member, you have four main options:
• Do nothing and receive a payment. If you do nothing and the settlement is approved, you will automatically receive a settlement check when payments are issued. You will also give up certain legal claims against KCL relating to cost of insurance deductions.
• Ask to be excluded (opt out). If you do not want to be part of the settlement and want to keep your right to sue KCL separately about the issues in this case, you must mail a timely exclusion request by October 27, 2025.
• Object to the settlement. If you stay in the settlement class, you can object if you do not like some part of the settlement. Your written objection must be mailed by October 27, 2025.
• Attend or speak at the Fairness Hearing. You may ask to speak at the December 12, 2025 hearing about the fairness of the settlement, but you do not have to attend to receive payment.
If you opt out, you will not receive a payment from this settlement and you cannot file an objection. If you stay in, you will be bound by the settlement and any final judgment even if you do not receive or cash your check.
How Do I Opt Out of the Kansas City Life Settlement?
To exclude yourself from the settlement class, you must mail a written exclusion request to the Settlement Administrator. Your request must:
• Include your name (or the name of the entity that owns the policy)
• Include your current address, telephone number, and email address
• List your policy number or policy numbers
• Clearly state that you elect to be excluded from the settlement class and do not want to participate in the settlement in van Zanten and Vittetoe v. Kansas City Life Insurance Company, Case No. 4:25-cv-00095-BP
• Be signed by you, or by someone with a valid power of attorney to act on your behalf
If there are multiple owners of a policy, all owners must sign the notice, unless the person signing provides a copy of a valid power of attorney authorizing them to act on behalf of all current owners.
Policy owners in California or Maryland are specifically advised in the notice to consider the rulings in the Fine and McMillan cases before opting out, because those rulings may remain binding even if they choose not to participate in this settlement.
How Do I Object to the Settlement?
If you do not opt out and remain in the settlement class, you may object if you think the settlement, attorneys fees, or service awards are unfair or inadequate.
To object, you must mail a written objection that includes:
• Your name (or the entity's name), address, telephone number, and email address
• Your policy number or policy numbers
• A written statement of all reasons for your objection, with any legal support you wish to provide
• Copies of any papers, briefs, or documents you rely on
• A list of all persons you plan to call to testify in support of your objection, if any
• A list of any attorneys who represent you or assisted in preparing the objection
• A statement whether you intend to appear at the Fairness Hearing, and the identity of any attorneys who will appear on your behalf
• Your signature or your counsel's signature
You must mail your objection to the Settlement Administrator.
It must be postmarked no later than October 27, 2025.
If you opt out, you cannot file an objection. The Court will consider all timely objections at or before the Fairness Hearing.
How Will the Lawyers Be Paid?
Class Counsel and other plaintiffs lawyers have litigated this and related cases for years without being paid while covering expenses out of pocket.
Under the settlement, Class Counsel will ask the Court to award:
• Attorneys fees of up to one third of the $40 million Settlement Fund
• Reimbursement of litigation costs and expenses up to $1,175,000
• Service awards of up to $25,000 each for the named plaintiffs
These amounts, if approved, will be paid from the Settlement Fund before the Net Settlement Fund is distributed to settlement class members. You will not be billed directly for fees or costs.
Class Counsel's full fee motion will be posted on the settlement website at www.kclcoisettlement.com.
Where and When Is the Fairness Hearing?
The Court will hold a Fairness Hearing to decide whether to:
• Grant final approval to the settlement
• Approve Class Counsel's request for fees and expenses
• Approve any service awards to the named plaintiffs
• Approve payment of settlement administration costs
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:
• Official Settlement Website: www.kclcoisettlement.com
• United States District Court for the Western District of Missouri, van Zanten and Vittetoe v. Kansas City Life Insurance Company, Case No. 4:25-cv-00095-BP
Filing Class Action Settlement Claims
Please submit only truthful information in any communications with the Settlement Administrator. False or misleading information can be rejected and may carry penalties. If you are not sure whether you qualify, review the official notice or contact the Settlement Administrator or Class Counsel.
OpenClassActions.com is a consumer news site and is not a settlement administrator or a law firm. We do not process claims, send checks, or have access to individual claim records. For questions about your specific eligibility or payment, contact the Settlement Administrator directly.