Pacific Life Moves to Dismiss Kyle and Samantha Busch’s $8.5 Million Insurance Suit

Overview

• Pacific Life filed a motion in the Western District of North Carolina seeking dismissal of the Buschs’ lawsuit, and the court has not issued a ruling.
• The Buschs say five Indexed Universal Life policies purchased from 2018 to 2022 provided more than $90 million in coverage but resulted in roughly $10.4 million in losses.
• The complaint alleges the policies were pitched as a tax-free retirement plan, including a projection of $800,000 in annual withdrawals after five $1 million payments, which Busch says unraveled when a sixth premium notice arrived.
• Pacific Life contends the couple failed to pay planned premiums, mismanaged allocations, surrendered or allowed policies to lapse, and signed repeated disclosures including a 20‑day refund window and acknowledgments that illustrations were not guarantees.
• The filing argues most claims are time‑barred under three‑ or four‑year limits, cites a prior Pacific Life case upholding similar disclosures, and notes the suit also targets agent Rodney A. Smith over an alleged 35% upfront commission.