Final hours! Save up to 55% OFF InvestingProCLAIM SALE

U.S. appeals court revives investor lawsuit against annuity company

Published 03/28/2023, 02:56 PM
Updated 03/28/2023, 03:51 PM
© Reuters.

By Jody Godoy

(Reuters) - An insurance company owned by private equity firm Eldridge Industries must face a lawsuit claiming it misrepresented how much investors stood to gain on certain fixed annuities, a U.S. appeals court ruled on Tuesday.

The 10th U.S. Circuit Court of Appeals ruled 2-1 to revive the proposed class action alleging Security Benefit Life Insurance Company (SBL) engaged in fraud and racketeering by misleading investors in its Secure Income Annuity and Total Value Annuity products.

The Kansas-based company with $47.6 billion in assets under management was acquired in 2017 by Eldridge Industries, a Greenwich, Connecticut investment firm led by sports team owner Todd Boehly.

Andrew Friedman, a lawyer for the investors, said they are pleased with the decision.

An attorney for SBL did not immediately comment on Tuesday.

The lawsuit filed in 2019 seeks damages on behalf of a nationwide class of purchasers allegedly misled by offering materials for the two annuities tied to proprietary stock indices. The investors claimed they were misled into believing the annuities offered above-market returns, when the products included several features that they say effectively limited returns.

In Tuesday's decision, U.S. Judge Veronica Rossman wrote that a Kansas judge who dismissed the case in 2021 failed to consider the complaint as a whole, which alleged the company concealed the "collective impact" of the terms of the annuities.

U.S. Circuit Judge Harris Hartz dissented, saying the decision would require sellers to not only disclose the risk of investments, but to analyze "whether, given the disclosed facts, the investment is a good one."

"Courts should eschew assuming the role of becoming the final backstop to protect disappointed investors," he wrote.

The case is Clinton et al. v. Security Benefit Life Insurance Company, 10th U.S. Circuit Court of Appeals, No. 21-3035.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.