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HARVEY v. NEBRASKA LIFE AND HEALTH INS. GUARANTY ASS'N

No. S-08-520.

765 N.W.2d 206 (2009)

277 Neb. 757

Tex R. HARVEY et al., appellants and cross-appellees, v. NEBRASKA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION, appellee and cross-appellant.

Supreme Court of Nebraska.

May 15, 2009.

Attorney(s) appearing for the Case

David D. Begley, P.C., L.L.O., Omaha, for appellants.

Shawn D. Renner, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellee.

Steven D. Davidson, of Baird Holm, L.L.P., Omaha, J. Brett Busby and David T. McDowell, of Bracewell & Giuliani, L.L.P., and Lisa Tate for amicus curiae American Council of Life Insurers.

Timothy R. Engler, of Harding & Shultz, P.C., L.L.O., Lincoln, and, of Counsel, Charles T. Richardson and Scott D. Himsel, of Baker & Daniels, L.L.P., Indianapolis, IN, and William P. O'Sullivan for amicus curiae National Organization of Life and Health Insurance Guaranty Associations.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

GERRARD, J.

Future First Financial Group, Inc. (Future First), was a broker of viatical settlements. Viatical settlements are the sale or assignment of either the death benefit or ownership or any portion of the insurance policy or certificate of insurance.1 Each of the named plaintiffs-appellants (hereinafter plaintiffs) invested in viatical settlements from Future First by entering into purchase request agreements (PRA's). Although the...

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