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American Equity Investment Life Insurance Company, et al. v. Securities and Exchange Commission

United States Court of Appeals for the District of Columbia Circuit

613 F.3d 166 (2010)

Relevant factsFree

The SEC (defendant) issued Rule 151A excluding fixed-index annuities (FIAs) — which tie a minimum return to a securities index and thus expose purchasers to more investment risk than ordinary fixed annuities — from the Securities Act's exemption for state-regulated annuity contracts; insurers (plaintiffs) sought review of the rule.

IssueFree

Whether the SEC's interpretation that a fixed-index annuity does not constitute an annuity contract under § 3(a)(8) of the Securities Act of 1933 was reasonable.

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