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AMERICAN UNITED LIFE INS. CO. v. MARTINEZ

No. 05-14920.

480 F.3d 1043 (2007)

AMERICAN UNITED LIFE INSURANCE CO., Amerus Life Insurance Company, et al., Plaintiffs-Appellants, v. Roberto MARTINEZ, Court-Appointed Receiver, Mutual Benefits Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 7, 2007.

Attorney(s) appearing for the Case

Susan J. Stauss, Stephen C. Baker, Jason P. Gosselin, John B. Dempsey, Drinker, Biddle & Reath LLP, Philadelphia, PA, Wendy L. Furman, Pett, Furman & Jacobson, PL, Boca Raton, FL, for Plaintiffs-Appellants.

Curtis B. Miner, Colson, Hicks, Eidson, Coral Gables, FL, for Defendants-Appellees.

Before PRYOR and FAY, Circuit Judges, and STEELE, District Judge.

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...

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