Quin E Briscoe v. Transamerica Premier Life Insurance Company
── Quin E Briscoe v. Transamerica Premier Life Insurance Company ──
Court: Court of Appeals for the Eleventh Circuit
Date: April 30, 2026
Category: NEW
USCA11 Case: 24-14205 Document: 46-1 Date Filed: 04/30/2026 Page: 1 of 20
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-14205
____________________
QUIN E. BRISCOE,
Plaintiff-Appellee,
versus
TRANSAMERICA PREMIER LIFE INSURANCE COMPANY,
an Iowa Corporation, successor by merger
to Peoples Benefit Life Insurance Company,
an Iowa corporation,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 9:23-cv-81577-RMM
____________________
Before JILL PRYOR, LUCK, and BRASHER, Circuit Judges.
BRASHER, Circuit Judge:
USCA11 Case: 24-14205 Document: 46-1 Date Filed: 04/30/2026 Page: 2 of 20
2 Opinion of the Court 24-14205
This appeal is about an annuity contract. Quin Briscoe pur-
chased an annuity that gave her control over several variables af-
fecting the investment’s outcome. First, she could terminate the
annuity contract and receive a lump sum payment. Second, she
could delay her annuity date and postpone receipt of annuity pay-
ments. Or third, she could allow the annuity to annuitize and col-
lect annuity payments in accordance with one of five Annuity Pay-
ment Options. The contract set the default “Annuity Date” as De-
cember 1, 2022—the first day of the month following her 65th
birthday—but it did not specify a default annuity payment option.
And Briscoe never selected one. Nevertheless, in December 2022,
Transamerica annuitized Briscoe’s annuity and began disbursing
annuity payments in accordance with one of the annuity payment
options. Briscoe tried to undo the annuitization, but Transamerica
refused. Briscoe sued.
The district court determined that Transamerica’s unilateral
annuitization of Briscoe’s annuity was invalid because Briscoe
never selected an annuity payment option. We agree and affirm.
I.
In 1996, Frank and Quin Briscoe each purchased $50,000
Vanguard annuities. But unlike most purchasers of annuities, the
Briscoes never intended to allow theirs to annuitize. Instead, they
purchased the annuities to take advantage of tax benefits associated
with annuity accounts, and they planned to fully liquidate them
USCA11 Case: 24-14205 Document: 46-1 Date Filed: 04/30/2026 Page: 3 of 20
24-14205 Opinion of the Court 3
upon retirement, prior to annuitization. The Briscoes later contrib-
uted an additional $150,000 to each annuity, bringing each annu-
ity’s total basis to $200,000.
In 2020, Vanguard transferred the Briscoes’ annuities’ servic-
ing responsibilities to Transamerica. In 2021, upon reaching his
65th birthday, Mr. Briscoe liquidated his annuity before it annu-
itized. But in 2022, upon reaching her 65th birthday, Mrs. Briscoe
took no action. Shortly thereafter, Transamerica annuitized Mrs.
Briscoe’s contract and began disbursing annuity payments.
Mrs. Briscoe contacted Transamerica multiple times, insist-
ing that they improperly annuitized her annuity and reques
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}