The U.S. District Court of the Eastern District of New York has granted a motion to dismiss a lawsuit charging Prudential Life Insurance Company of America of Newark, N.J. with attaching excessive fees to its variable annuities.

Plaintiffs Sidney and Johanna Olmstead claimed the death benefit fees on Prudential's Discovery Select Variable Annuity were excessive, going towards company profits and representatives' commissions rather than to cover the company's risk in the product.

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