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Lorillard

Memorandum to the File

Date: 31 Mar 1981
Length: 2 pages
03532173-03532174
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Author
Stevens, A.J.
Area
JUDGE/CONFERENCE ROOM CLOSET
Alias
03532173/03532174
Type
MEMO, MEMORANDUM
Named Organization
Ftc, Federal Trade Commission
Moses Singer
Natl Benefit Life Insurance
Copied
Judge, C.H.
Named Person
Crohn, F.T.
Harnett, B.
Hirch, B.
Judge, C.H.
Stevens, A.J.
T, P.R.
Xxlarry
Document File
03532172/03532234/National Benefit Life Insurance
Date Loaded
05 Jun 1998
Request
R1-004
R1-129
R1-134
Characteristic
MARG, MARGINALIA
Litigation
Stmn/Produced
Site
N13
Master ID
03532172/2234

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UCSF Legacy ID
xbb81e00

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Page 1: xbb81e00
.`From 3:00 p.m. to 4:00 p.m. on March 30, 1981, r. Judge and I met with Frank T. Crohn, C.E.O..of `National Benefit Life Insurance Company ("NBLIC") ` :;:;and NBLIC' s•counsel, Judge Bertram Harnett of Moses `& Singer. Harnett Judge furnished Messrs. Crohn and y ' h ith a copy of my attached opinion of March 18, There then ensued a conversation in which I endeavore :.,.~. :.,:to make clear to the NBLIC representatives the serious ~ty , .legal problems I envisage from any association between Lorillard tobacco products and the offering for sale to our consumers, in connection with our products, of any opportunity to purchase term life insurance. :,.;;~j;,_`:,.:,>, ;, 11 It is clear that Judge Harnett neither understood nor agreed with our legal analysis - particularly as -relates to our.concern not only with FTC regulation of our advertising activities, but, more importantly, with private product liability litigation. In this regard, Harnett is of the view that a favorable advisory opinion from the FTC, and an indemnification undertaking by NBLIC should be sufficient comfort for us. I tried to explain to him why they would not be. Mr. Judge and I both spent considerahle time try- ing to clarify Mr. liarnett's and Mr. Crohn's erroneous impressions of our advertising; of the smoking and health controversy; of the distinctions between the tobacco _.•business and banks which sell term life insurance; and of our primary mission to sell cigarettes. * They took aiaay with them, for consideration by the 1\'isLIC actuary, a copy of the midc:l e paragraph of that opinion.
Page 2: xbb81e00
the conclusion of the meetiri indicated that perha g, Mr. Crohnl . -;..~ , . rs. event NBLIC did so ~• •'-He asked whether, in the ' to attratl mpaies which attem c ony nonsmoke Pt nsuran cec on ; contrast to other i s '':;;term life insurance, hroughedirectnnewcturer, to offer ` tisin -'<.g. to all smokers (not sPaPer, adver- :: I the involvemcnt of ans 'NzLIC would endeavor,-without . rillard would take an affirmative ! attitude toward such a r p ogram ad end ;; publicize or neavor to hel ro t p mo e the clear to Mr. Program p . ?It was made absolutel ~~ Crohn that Lorillard could not, and would :ys1;~ do so. ~ . . .... . - ,~.•..:. tv_..S'~~r _~ ~.t.i.. . .:4.:~. .k.'`... ~- The entire di scussion f wasriendly and amicable. cc: Mr. C.H. Jud 9ev

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