Paul Harrington v. Equitrust Life Ins Co

OPINION

HURWITZ, Circuit Judge:

I. Introduction

This is a putative class action against EquiTrust Life Insurance Company (“EquiTrust”), alleging violations of federal and state law in the sale of annuities. The district court granted EquiTrust’s motion for summary judgment, but, without explanation, declined to award costs to the prevailing party. We affirm the summary judgment, but vacate the denial of costs and remand for the district court either to award costs or explain its refusal.

II. Facts

A. The Annuity

In 2007,' Paul Harrington purchased an EquiTrust MarketPower Bonus Index Annuity (the…