Legal Opinion

American United Life Insurance v. Martinez

Court of Appeals for the Eleventh Circuit

Decided March 7, 2007No. 05-14920PublishedCited by 254 opinions

1Opinion of the Court

FAY, Circuit Judge:

The appellants, seventeen insurers that filed an ancillary tort suit in a Securities and Exchange Commission (“SEC”) action against a group of viatical settlement companies, challenge the dismissal of their amended complaint. A viatical contract is an agreement to purchase life insurance benefits from a viator, a policyholder who is terminally ill or of advanced age. The original policyholder sells the rights to his policy for a fraction of what the policy would pay upon his death, realizing an immediate return on an otherwise illiquid asset. The insurers alleged that the…

2Cases cited31 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Neitzke v. WilliamsSupreme Court of the United States · 1989
  4. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  5. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941

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3Cited by254 opinions

  1. American Dental Assoc. v. Cigna Corp.Court of Appeals for the Eleventh Circuit · 2010
  2. Tazoe v. Airbus S.A.S.Court of Appeals for the Eleventh Circuit · 2011
  3. Axa Equitable Life Insurance v. Infinity Financial Group, LLCDistrict Court, S.D. Florida · 2009
  4. Duty Free Americas, Inc. v. The Estee Lauder Companies, Inc.Court of Appeals for the Eleventh Circuit · 2015
  5. Sun Life Assurance Company of Canada v. Imperial Premium Finance, LLCCourt of Appeals for the Eleventh Circuit · 2018

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