11th Cir.

Briscoe v. Transamerica Premier Life Insurance Company

April 30, 2026 ·9:23-cv-81577-RMM ·Unpublished ·Brasler · By Aisha Johnson

The Eleventh Circuit affirmed a district court ruling that an insurance company breached an annuity contract by unilaterally annuitizing a policyholder's account. The court held that the contract required the owner to select a payment option before the insurer could begin disbursing payments.

Background

Quin Briscoe purchased an annuity in nineteen ninety-six with the intent to liquidate it upon retirement rather than annuitize it. In two thousand and twenty-two, after reaching her sixty-fifth birthday, Transamerica Premier Life Insurance Company annuitized her contract and began disbursing payments under a default option found in the original prospectus. Briscoe sued, arguing the annuitization was invalid because she never selected a payment option. The district court agreed, ordering the company to reverse the annuitization.

The court’s reasoning

The Eleventh Circuit held that the contract was not ambiguous and that the owner, not the insurance company, had the exclusive right to select the annuity payment option. The court found that the contract did not integrate the prospectus’s default payment method. Furthermore, the court determined that selecting a payment option was a condition precedent to the insurer’s obligation to annuitize, as it was impossible to calculate payments without that selection. The court rejected the argument that the owner must provide thirty days’ notice before the default annuity date to defer it, interpreting the clause to require notice only before a requested new date.

The dissent

What it means going forward

The ruling reinforces that insurance companies cannot rely on prospectus defaults to override explicit contract terms granting owners sole discretion over annuity options. It clarifies that annuitization cannot occur until the owner has affirmatively selected a payment method.