Order Permitting Backup Servicer In SEC Suit Failed To Consider Party’s Rights

Mealey's (April 23, 2020, 1:49 PM EDT) -- ATLANTA — A federal district court erred in granting a trustee’s motion seeking to engage a backup servicer that would maintain a trust’s data relating to the servicing of its viaticated life insurance policies as part of a Securities and Exchange Commission receivership proceeding because the court failed to consider the rights of a necessary party to the action under the terms of an agreement the party entered into with the trustee, an 11th Circuit U.S. Court of Appeals panel ruled April 21 (Securities and Exchange Commission v. Mutual Benefits Corp., et al., No. 19-11447, 11th Cir., 2020 U.S. App. LEXIS 126889)....