ACLI has submitted the attached amicus curiae brief with the Nebraska Court of Appeals in Harvey, et al. v. Nebraska Life and Health Guaranty Association, urging affirmance of a Nebraska district court's decision, upon reconsideration, that the Guaranty Association is not obligated to provide coverage to Nebraska residents who invest in viatical settlement companies (in this instance, Future First) that later become insolvent. The National Organization of Life and Health Guaranty Associations also filed an amicus brief in support of the the Nebraska Guaranty Association.

in its brief, ACLI argues that the purpose of the Nebraska Guaranty Act is to protect Nebraska residents who own insurance products from the consequences of insurer insolvency. In this case, ACLI notes that no insurer has become insolvent or failed to distribute policy proceeds. Future First was a company that bought and sold interests in life insurance policies on the secondary market; it was not an insurance company and not a member insurer under the Guaranty Act. As a result, ACLI argues that, contrary to the plaintiff's contentions, they are not entitled to recoup their failed investment in Future First at the expense of the Guaranty Association, its member insurance companies, and the public. ACLI further asserts that any claims plaintiffs may have against Future First are, consistent with Nebraska statutory and case law, properly resolved under the Nebraska Securities Act or the common law of contracts or fraud, not the Guaranty Act.