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Life Settlements

 

A New Asset Class

The American public has traditionally bought and sold assets such as real estate, equities and collectables. Purchase and sale of assets is based on the wants and needs of the client at the time of the transaction. Life insurance needs change over time, just like the need for any other asset. Until now life insurance has not been thought of as a marketable asset.

Until now, you could only sell your life insurance policy back to the carrier – for cash value, if any. That cartel is being broken up by the secondary market for life insurance. The value is now being determined by the free market, not by the carriers.

 

General Qualifications

  • Life Expectancy: 2 -15 Years

  • Age: 70 + 

  • Min. $250,000 Death Benefit 

  • Low Cash Value

     

     

 

"…the professional or fiduciary obligations of financial advisors now include the need to treat life insurance policies as a fully evolved property on a par with the client's other financial assets. …a trustee must consider a life settlement." Life Settlements Come of Age Alan H. Buerger, CEO and co-founder, Coventry First, Trusts and Estates, November

"We have an obligation to help every client determine the most profitable method of disposing of a contract and then ensuring there is a wise use of the funds in the ongoing financial plan." -J. Timothy Lynch, JD, CLU, ChFC

"As our clients live longer, it will be increasingly important to ensure that they have access to the value of life insurance they own…" Unlocking New Value From Old Policies: Life Insurance Planning and Life Settlements, Trusts and Estates, May 2000

 

"There is a new reality - and all clients 65 or older should have their life insurance policies appraised." Life Settlements Come of Age; Alan H. Buerger, CEO and co-founder, Coventry First, Trusts and Estates, November

Fiduciary Responsibility

Depending on your professional role, it may be a fiduciary responsibility to your client to explain all his options. Imagine the repercussions if he lets his policy lapse and finds out later that he could have received a handsome Life Settlement, which you knew (or should have known) and didn’t explain to him.
Sherwin P. Simmons of Steel Hector & Davis writes: “ATTORNEY FIDUCIARY OBLIGATIONS: It seems clear that an attorney advising a client who is considering the surrender or other disposition of an unwanted or no longer needed policy has an affirmative duty to inform the client off a possibility of … life settlement possibilities."

INSURANCE COMPANY OBLIGATIONS: Some have suggested that the failure to advise policy owners of the existence of life settlement options runs counter to state law obligations of agents and the carriers to disclose material information to the owners.

Ethics

Past abuses have left some people with the impression that there is something unethical about life Settlements. Let’s discuss that.

Q. Are Life Settlements ethical?

A. Yes. Like anything else, the ethics of Life Settlements is determined by whether full, unbiased disclosure is made to the client and whether recommendations and decisions are made in the best interests of the client.

Q. At one time I recommended to my client that he buy life insurance. How can I now recommend that he sell his life insurance, and not be accused of duplicity?

A. Your client’s life situation and insurance needs change continually. And life insurance has certainly changed. Funds received through a life settlement can often provide the client with greater coverage, possibly paid up, more appropriate to his/her situation, in an up-to-date policy.

Q. My agency has a policy that prohibits me from dealing with Life Settlements. Why?

A. There are two primary reasons for this. First are misunderstandings of what this is and the benefits it provides. Life settlements have been mischaracterized as unregistered securities. This is not true when they are placed in the secondary commercial market. Second, the carriers have benefited in the past from being the only market where a policy-holder could “sell” his policy (through redemption of cash value). As usual, the life insurance market is developing faster than institutional change can accommodate.

FAQs

Q. Why would someone sell his policy if he wants to maintain his coverage?

A. In many cases the funds received from a Life Settlement can allow the client to purchase a better policy (lower premiums, guarantees, etc.)

Q. But it would seem logical that if a client is old or sick enough to receive an attractive Life Settlement he would be too old or sick to buy a new policy.

A. There seems to be a disjoint in the market - a difference between the way insurance companies value policies and the way the secondary market values them. The reasons are not always clear, however we have done the numbers and it works (see Success Stories.)

Q. Who can qualify for a life settlement?

A. For a life insurance client, the longer his life expectancy, the easier it is to place a policy and the lower the premium. For a Life Settlement client the opposite is true. The shorter his life expectancy (advanced age, poor health) the easier to sell his life insurance policy and the higher the settlement.

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