THOMAS C. CERULLO
ALAN P. HEISSER, RALPH W. SAVOIE, GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, AND SAVOIE FINANCIAL GROUP, LLC
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 747-460, DIVISION
"L" HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, THOMAS C. CERULLO Brad P.
COUNSEL FOR DEFENDANT/APPELLEE, ALAN P. HEISSER, RALPH W.
SAVOIE AND SAVOIE FINANCIAL GROUP, LLC Duris L. Holmes.
COUNSEL FOR DEFENDANT/APPELLEE, THE GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA Maura Z. Pelleteri Amy S. Malish.
composed of Jude G. Gravois, Robert M. Murphy, and Hans J.
J. LILJEBERG JUDGE.
Thomas C. Cerullo, appeals the trial court's judgment
granting exceptions of peremption and prescription filed by
defendants, Alan P. Heisser, Ralph W. Savoie, Guardian Life
Insurance Company of America ("Guardian") and
Savoie Financial Group, L.L.C. For the reasons stated more
fully below, we affirm the trial court's judgment.
AND PROCEDURAL HISTORY
Cerullo earned a large fee as an attorney after obtaining a
favorable settlement for a client. Mr. Cerullo alleges that
he approached Mr. Heisser and Mr. Savoie about investing the
funds he earned in an annuity. He claims that instead of
purchasing an annuity, defendants invested his funds in a
whole life insurance policy issued by Guardian. Mr. Cerullo
alleges that he paid a premium in the amount of $108, 294.26,
and defendants told him this was a one-time payment with no
additional payments required to maintain the investment.
However, near the end of following year, Mr. Cerullo received
a statement from Guardian requesting payment of another
annual premium in excess of $100, 000.
Cerullo does not provide dates for these events in his
petition for damages. However, according to the evidence in
the record, Mr. Cerullo signed an application for a life
insurance policy on November 30, 2004. The application
indicated that the proposed policy provided a death benefit
of $2, 522, 588. Mr. Cerullo also signed a policy
illustration on that same date which indicated annual
premiums of $108, 294.25 would be payable through the age of
policy was amended effective December 22, 2004, pursuant to
an amendment to the application executed by Mr. Cerullo on
December 27, 2004. The application indicated the policy's
death benefit increased to $2, 608, 924 and changed the
Policy's owner and beneficiary to the Thomas C. Cerullo
APLC Defined Benefit Plan. Mr. Cerullo also signed a policy
illustration which again stated annual premiums of $108,
294.26 would be payable until he reached the age of 99. The