0001354488-15-002836.txt : 20150603 0001354488-15-002836.hdr.sgml : 20150603 20150603075658 ACCESSION NUMBER: 0001354488-15-002836 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20150529 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20150603 DATE AS OF CHANGE: 20150603 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PHL VARIABLE INSURANCE CO /CT/ CENTRAL INDEX KEY: 0001031223 STANDARD INDUSTRIAL CLASSIFICATION: LIFE INSURANCE [6311] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 333-20277 FILM NUMBER: 15908770 BUSINESS ADDRESS: STREET 1: C/O PHOENIX LIFE INSURANCE COMPANY STREET 2: ONE AMERICAN ROW CITY: HARTFORD STATE: CT ZIP: 06116 BUSINESS PHONE: 8604035788 MAIL ADDRESS: STREET 1: ONE AMERICAN ROW STREET 2: C/O PHOENIX LIFE INSURANCE COMPANY CITY: HARTFORD STATE: CT ZIP: 06116 FORMER COMPANY: FORMER CONFORMED NAME: PHL VARIABLE SEPARATE ACCOUNT MVA1 DATE OF NAME CHANGE: 19970123 8-K 1 phlvic_8k.htm CURRENT REPORT phlvic_8k.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
———————
FORM 8-K
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CURRENT REPORT
 
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
 
Date of Report (Date of earliest event reported):   May 29, 2015
 
PHL Variable Insurance Company
(Exact name of registrant as specified in its charter)
 
Connecticut
  
333-20277
  
06-1045829
(State or other jurisdiction
  
(Commission File Number)
  
(IRS Employer
of incorporation)
      
Identification No.)
 
One American Row, Hartford, CT
  
06102 -5056
(Address of Principal Executive Offices)
  
(Zip Code)
     
Registrant’s telephone number, including area code:
  
(860) 403-5000
 
NOT APPLICABLE
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
 
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 
 
 
 
Item 1.01 Entry into a Material Definitive Agreement
 
Cost of Insurance Cases
 
PHL Variable Insurance Company (“PHL Variable”) previously announced in a Current Report on Form 8-K filed with the Securities Exchange Commission on May 1, 2015 (the “PHL Variable Form 8-K”) that Phoenix Life Insurance Company and PHL Variable (together, the “Companies”), wholly-owned direct and indirect subsidiaries of The Phoenix Companies, Inc. (“Phoenix”), reached an agreement (the “Settlement”) as of April 30, 2015 with  SPRR, LLC, Martin Fleisher, as trustee of the Michael Moss Irrevocable Life Insurance Trust II, and Jonathan Berck, as trustee of the John L. Loeb, Jr. Insurance Trust (the “Plaintiffs”), to resolve two previously disclosed class actions (the “Class Actions”) against the Companies relating to certain cost of insurance (“COI”) rate adjustments made in 2010 and 2011 with respect to certain policies issued by the Companies.

On May 29, 2015, the Companies executed an agreement, dated May 29, 2015, with the Plaintiffs (the “Settlement Agreement”), which memorializes and formalizes the terms of the Settlement, and filed the Settlement Agreement with the United States District Court for the Southern District of New York.  The Settlement Agreement, the terms of which are described under Item 1.01 in the PHL Variable Form 8-K, which description is incorporated herein by reference, remains subject to the approval of such court.

The foregoing is qualified in its entirety by reference to the Settlement Agreement, a copy of which is attached as Exhibit 10.1 to the Phoenix Current Report on Form 8-K filed with the Securities and Exchange Commission on June 2, 2015 and is incorporated by reference as if fully set forth herein.

Item 9.01 Financial Statements and Exhibits

(d)           Exhibit:
Exhibit 10.1- Settlement Agreement dated May 29, 2015 (incorporated herein by reference to Exhibit 10.01 to The Phoenix Companies, Inc. Current Report on Form 8-K filed on June 2, 2015)
 
 
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SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
PHL VARIABLE INSURANCE COMPANY
  
       
Date:  June 2, 2015
By:
/s/ Bonnie J. Malley
  
   
Name:  
Bonnie J. Malley
  
   
Title:  
Executive Vice President and
Chief Financial Officer
  
       
 
 
 
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