Offit Kurman attorney Eric Pelletier filed an amicus curiaebrief on behalf of F & G Life Insurance Company, Inc. in Anabel Zahner, et al v. Secretary of Public Welfare, case no. 14-1328, in the United States Court of Appeals for the Third Circuit. The brief is filed in support of the Appellant, Anabel Zahner. The case involves the interpretation of 42 U.S.C. § 1396p in the context of purchases of actuarially sound annuities by Medicaid applicants’ spouses. A key issue in the case is whether an annuity is a “trust-like device” for purposes of the statute; a characteristic which could create fiduciary duties for annuity issuers in this context. To read the entire press release click here.
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