Archive for the 'Life Settlements News' Category

Published on 06 Jul 2010

Life settlement firms that hit skids could hurt policy sellers

Investment News

By: Darla Mercado

JGW Holdco’s bankruptcy filing points to problem for consumers and investors.

A recent bankruptcy protection filing by a provider of life settlements raises concerns that consumers in the midst of selling a policy, as well as investors, may get a raw deal in this and similar situations.

Last Monday, a Delaware bankruptcy court allowed JGW Holdco LLC and two other non-operating holding company affiliates, J.G. Wentworth LLC and J.G. Wentworth Inc., to emerge from Chapter 11 bankruptcy protection after the company encountered liquidity problems amid a tightening credit market.

Commentary from Michael Abraham:

I don’t understand this as it is my belief that funds must be deposited in an independent escrow account before contracts are sent out. This being the case how is the seller at risk?

http://www.investmentnews.com/article/20090607/REG/306079972

Published on 06 Jul 2010

California Assembly Committee Approves Bill Reining in Insurance Regulators

The Life Settlements Report 

By: Dealflow Media

The California Assembly insurance committee today approved a bill supported by the life settlement industry that seeks to rein in state insurance department officials from imposing rules that the settlement industry contends overstep the department’s authority.

The Life Insurance Settlement Association (LISA) has argued that emergency rules proposed by the California insurance department to enact the state’s new life settlement law exceeds the scope of the law. The life settlement law, adopted last year, takes effect July 1.

Commentary by Michael Abraham:

The problem we have at the moment is that regulators are reacting to media overhyped concerns rather than thinking for themselves.  They also show little consideration for the people who need money today – the life insured!  They may well use weasel words about protecting these  people but the regulations themselves build in and legalize the massive fees charged by the many advisers.  They need to take a new and fresh look at regulation in general. Perhaps a review of the UK rules on secondary sales of life policies might give them a clue!

http://lifesettlements.dealflowmedia.com/wires/article.cfm?title=California-Assembly-Committee-Approves-Bill-Reining-Insurance-Regulators&id=zkpspzqcedcnbgb

Published on 06 Jul 2010

Life settlements get education committee

Investment Adviser Magazine

By: Bradley Gerrard

An education committee has been established to help bring greater transparency to the life settlements market.

The European Life Settlement Association (Elsa) has started an education committee in a bid to bring more education, transparency and provision of information to the public, media and regulators.

Life settlements, which turn US life insurance policies into tradable assets, expanded rapidly after the financial crisis due to having no correlation with market risk, as they have no stock, bond or property exposure.

Commentary from Michael Abraham:

This is good news if they deliver!

http://www.ftadviser.com/InvestmentAdviser/Investments/Products/ETFs/News/article/20100517/3b09e79c-5cfe-11df-9a85-00144f2af8e8/Life-settlements-get-education-comittee.jsp

Published on 06 Jul 2010

Susman Godfrey Wins Summary Judgment In $5 Million Life Settlement Rescission Lawsuit

PR Newswire

A New York state court recently rejected as a matter of law an insurance company’s attempt to rescind a $5 million life insurance policy, holding that the insurer – Lincoln Life & Annuity Company of New York – waived its rights to obtain rescission by seeking and accepting premium payments after it filed its lawsuit. The trial litigation firm Susman Godfrey L.L.P. represents the victorious policy owner. Lincoln’s lawsuit was based on allegations that the insurance policy lacked an insurable interest because it was procured by third-parties for investment purposes. The policy owner vigorously defended the legitimacy of the policy, and also contended that Lincoln’s post-litigation conduct — which included the acceptance of over $100,000 in additional premium payments, premiums Lincoln sought to retain in its lawsuit — barred Lincoln’s claims. The court agreed, and dismissed Lincoln’s suit after granting Susman Godfrey’s motion for summary judgment.

Commentary by Michael Abraham:

Though this is a great win it does indicate the problem of buying high value policies from people who have bought these purely for investment purposes rather than the intended purpose of life insurance – protection!

http://www.thestreet.com/story/10702516/susman-godfrey-wins-summary-judgment-in-5-million-life-settlement-rescission-lawsuit.html

Published on 21 Jun 2010

J.P. Morgan Exiting Life Settlement Market

By Dealflow Media

J.P. Morgan is getting out of the life settlement market, a person familiar with the company said.

The person told The Life Settlements Wire that J.P. Morgan expects to wind down its operation over the next few months.

J.P. Morgan is the second major investment bank to exit the market in recent months. Goldman Sachs said it was leaving the market in January, disappointed in its lack of growth.

J.P. Morgan had entered the business around 2007. It had a smaller operation than its competitors, employing fewer than 10 people in its life finance business, the person familiar with the company said.

Rob Finfer, chief executive of Bethesda, Md.-based life settlement broker Integrity Capital Partners said he hasn’t seen J.P. Morgan purchasing policies for at least a year.

“I would not have referred to them as a major player in the life settlement space,” Finfer said. Still, “I’m disappointed when any funding source decides to leave the space, especially in the environment where we have so many excellent policies for sale.”

J.P. Morgan spokesman Brian Marchiony declined to comment.

Commentary by Michael Abraham:

As Robert points out there is nothing positive about losing a funder, but it is this commentator’s view that most. if not all. of these institutions entered the market under the illusion that this could be a large and growing market. While one reads that the size of the possible market is in the region of many hundreds of billions, I seriously doubt this.  In fact, the statements made by Deutsche Bank, that there are not enough policies available, clearly highlights this issue.  There are many, many policies but not the high face value ones required by the larger investors. Ask yourself this question – what percentage of the policies are available or will be sold?  My experience of the UK TEP market says very few.  I believe it unlikely that the market was ever able to encourage people to sell much more than 5% of the policies that were surrendered or lapsed. My own research says that in 2002 when over £11billion of policies were lapsed, the market hit circa £500m.  Why?  Fear, inertia, ignorance? Certainly not lack of coverage with advertising, press releases, editorials, radio, television and cinema throughout Britain. So will the US be any different? The other main question is what percentage of the market is large face? As large face policies are taken out on the wealthy would it be a surprise if the percentage were less than 10%? And if only 5% are sellers, how big is the possible market really? Well you do the math! 

http://lifesettlements.dealflowmedia.com/wires/article.cfm?id=bfcggzqsnitdezm

Published on 25 Feb 2010

Wisconsin Senate Approves Settlement Bill

National Underwriter Life and Health

By: Trevor Thomas

The Wisconsin Senate Tuesday unanimously passed a bill requiring life insurance policies to be in force at least 5 years before consumers can sell the policies through a settlement. The bill, S.B. 513, would change an older law that has permitted consumers to sell policies after holding the policies for 2 years.

Commentary by Michael Abraham:

Here again restricting consumer choice because the regulators and the life offices will not properly monitor the applications for life insurance and act accordingly!

http://www.lifeandhealthinsurancenews.com/News/2010/2/Pages/Wisconsin-Senate-Approves-Settlement-Bill.aspx

Published on 23 Feb 2010

Will Regulators Kill Off Fledgling Secondary Market for Death Benefits?

InvestmentNews

By: Darla Mercado

State insurance regulators Monday voted in favor of a proposal that would allow carriers to terminate an annuity living or death benefit if a client sold the contract over the secondary market.

The management committee and full commission of the Interstate Insurance Product Regulation Commission, a group that’s affiliated with the National Association of Insurance Commissioners, voted in favor of a uniform set of additional standards for guaranteed living and death benefits that are attached to individual deferred annuities.

Some 36 jurisdictions, including Puerto Rico, comprise the IIPRC. Thirty regulators took part in the full commission vote on Monday. Only Indiana voted against the proposal.

Commentary by Michael Abraham:

Can someone please tell me the logic of this – it hardly enhances customer choice and yet again returns power to  the few?

http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20100223/FREE/100229964/1139/RETIREMENT

Published on 15 Feb 2010

Commentary: Protect Wisconsin Consumers — Stop the Insurance Scams

The Journal Times

By: State Sen. John Lehman Racine

Years ago there was a popular television game show called “You Bet Your Life.” Today, unscrupulous scam artists are playing an updated version with a financial scheme targeting seniors, the severely ill and investors using “stranger-originated life insurance.” But instead of fabulous prizes and vacations, victims are left with parting gifts like unexpected tax liabilities, legal bills and problems purchasing life insurance.

The scam is based on “viatical” life insurance transactions. Created to help gravely ill individuals, these agreements allow people to cash in their life insurance policies before the date of maturity and use the funds to cover medical bills or health insurance costs.

Commentary by Michael Abraham:

The sooner all states outlaw STOLI the better it will be for all!

http://www.journaltimes.com/news/opinion/editorial/article_e4a787fc-1a85-11df-a7bd-001cc4c002e0.html

Published on 09 Feb 2010

Life Insurers, Life Settlement Group Spar Over Securitization

Insurance and Financial Advisor

By: Bob Graham

A new policy statement from a life insurers’ group, suggesting that the securitization of life settlements needs to be regulated, has sparked a sharp response from a life settlement trade group.

The American Council of Life Insurers (ACLI), representing nearly 300 companies providing life insurance, recommended that the securitization of life settlements “be prohibited by legislation or regulation.”

http://ifawebnews.com/2010/02/09/life-insurers-life-settlement-group-spar-over-securitization/

Published on 08 Feb 2010

ISI Defends Life Policy-Back Securities Market

National Underwriter Life and Health

By: Trevor Thomas

A life settlement think tank is defending the value of the life settlement securitization concept.

The American Council of Life Insurers, Washington, asked Feb. 3 for policymakers to ban the securitization of life insurance policies sold in the secondary market. Packaging pools of life settlement transactions to back securities encourages stranger-originated life insurance and other forms of fraud, the ACLI says.

http://www.lifeandhealthinsurancenews.com/News/2010/2/Pages/ISI-Defends-Life-PolicyBacked-Securities-Market.aspx

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