Settlement reached in ‘living trust mill’ suit

American Equity Investment Life Insurance has settled a class action for $16.4 million over abusive annuity sales.
JUL 21, 2008
By  Bloomberg
American Equity Investment Life Insurance Co. of Des Moines, Iowa, has settled a class action in a Kentucky state court over abusive annuity sales. This $16.4 million settlement will provide relief to as many as 24,000 people who bought the annuities between Jan. 1, 1997 and Dec. 31, 2007. William F. McMurry, an attorney at McMurry and Associates of Louisville, Ky., was the plaintiffs’ lead counsel. According to the suit, Panter v. Tackett, et al., the annuities were sold to the elderly, often with 20-year surrender periods, as part of a living trust. Plaintiffs said that American Equity was running a “living trust mill,” in which agents worked with a marketing firm and local attorneys to persuade senior citizens to buy the trusts out of fear that their assets would end up in probate. Once the clients bought the trust, agents would then masquerade as attorneys to encourage the victims to sell their investments and buy deferred annuities from American Equity, plaintiffs alleged. Under the settlement, plaintiffs will receive payments if they annuitize, with a 2.4% bonus added to the policies’ value. Surrender fees will be waived for those who annuitize immediately. The carrier said it would no longer sell the annuities when it knew the sales leads were generated through the marketing or sale of living trusts. The company also agreed that any plaintiffs who submit a claim form and who were at least 79 at the time of purchase will be able to withdraw up to 25% of the policy’s value annually for the next four years, free of penalties.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.