Learning Life Settlements 101
By Lawrence B. Patterson
The advanced market matrix is complex
and interconnected. It is an amalgamate of life settlements, annuity
rescue, premium financing and arbitrage opportunities through creative
financial concept strategy implementations.
Don’t wait to expose your clients to advanced concepts; you’ll lose your
client to a competitor. Worse, you could find yourself on the wrong end
of a lawsuit because you neglected to execute your complete fiduciary
responsibilities by letting a prospective client make life and financial
decisions based on incomplete information.
If you ever found yourself a defendant in litigation brought by a former
client, simply because you failed to inform them of the option to have
had a previously owned life insurance policy appraised for potential
secondary market value, your position will be indefensible.
Just like Enron lamely whined in court, “Well, Arthur Andersen told us
to do this,” I don’t suggest you tell a judge that you failed to make a
client aware of their potential settlement option — provided they met
the qualification parameters — because your broker/dealer told you not
to. Or even worse, that you failed to divulge this information and offer
a free, non-binding appraisal option to a former client because you
didn’t want to “go there.”
According to an article published by National Underwriter in September
2004, the majority of life insurance policyholders either let their
policies lapse or surrender their policies for a minimal cash value.
According to the article’s author, the wealth lost as a result of these
policy surrenders is significant. The National Association of Insurance
Commissioners in Kansas City, Mo., estimates that in 1996, for example,
nearly $1.5 trillion in life insurance face amount lapsed or was
canceled by policyholders.
To understand how staggering this really is, let’s look at some numbers
based on recent life settlement cases:
$44, 400,000 aggregate face value totals
Cash Settlement Value (CSV) = $1,106,658
Life Settlement Value (LSV) = $7,146,500
Using these numbers, the life settlements that were bid and accepted
were 6.45 times the existing cash surrender value. If you back out the
two included term policies, the adjusted aggregate face value total was
$34,000,000 with a total cash surrender value of $1,106,658 and a total
life settlement value funded of $4,808,000. That is 4.34 times the
aggregate CSV.
An industry study conducted in 2002 at the University of Pennsylvania’s
Wharton Business School found that life insurance policies typically
sold in the secondary market for an average of 3.6 times the policy’s
(cash) surrender value. The average of the two equals 3.97. These
numbers are close enough to demand that you stand up and pay attention
to this market.
Therefore, it is axiomatic that a life settlement might offer three to
four times the existing cash surrender value. In the case of term life,
where there is no cash surrender value, the significance potential is
five to six figures of liquid capital availability, whereas a lapse or
surrender of the term policy would result in zero dollars to the
insured.
Using the aforementioned life settlement cases, the median LSV to face,
taking an average of the permanent life insurance policies combined with
the average of the term life insurance polices equaled 15.115 percent%
of face value. This is in line with current industry estimates that life
settlement amounts average 15 percent of face value.
The cutting edge
I believe it is essential to be on the cutting edge of the total
information stream to be knowledgeable, competitive and effective.
According to the results of an exclusive new study being published in
the March 2006 edition of the Agent’s Sales Journal, “To date, only 18
percent of the agent population responding to the survey have transacted
a Life Settlement on behalf of a client... However, nearly seven in 10
have clients whose insurance needs have changed since purchasing a
policy, and nearly half have clients who, in fact, have surrendered a
policy…There are many reasons most agents have not yet taken the plunge,
however. According to the study, the most common reason agents are
reluctant to transact a Life Settlement is a lack of training and
education. The number one challenge with presenting Life Settlements, as
cited by survey respondents, is a lack of knowledge of how settlements
work.”
For those of you who fall into this category, I am extremely
embarrassed. You would have had to have been sequestered in an
underground bunker without access to the outside world not to have read
the multitude of articles featuring life settlements in publications
such as Senior Market Advisor, Life Insurance Selling, California Broker
magazine, National Underwriter, Advisor Today, The Economist,
Bloomberg, The Wall Street Journal, Trust & Estates, and countless
other industry formats.
I am still constantly amazed, especially with the availability of the
Internet, that I can talk to insurance and financial professionals on a
daily basis who have never heard of life settlements or the secondary
market.
Come on, guys, let’s get with the program! Without belaboring the many
potential applications of life settlements that always seem to be
reiterated as a laundry list in most articles, let’s cut to the chase.
It is incumbent upon you to offer a life insurance valuation for clients
whom you can pre-qualify as potential life settlement cases for three
main reasons:
1. There are statutory obligations that state legislatures have imposed
on insurance providers and their licensed producers to uphold their
fiduciary duties and disclose material information to consumers. If you
wish to be IMSA compliant and provide customer-focused sales and
service, you must disclose the availability of the life settlement
option. Duty has no sweethearts!
2. If you are a securities registered representative, to be compliant
with NASD Conduct Rule 2310, you must also disclose the availability of
the life settlement option verses letting a customer surrender or let
lapse a policy, or retain a policy rather than investigate and accept a
life settlement, should they qualify. Setting any personal opinions
aside, you must be indifferent as to a client’s choice of proprietary or
non-proprietary products or services. A life settlement is not a
product; rather, it’s a hybrid financial tool. A life settlement is the
vehicle that liquefies the existing LSV bid and offered, once accepted
by the client.
3. When applicable, a life settlement’s LSV can be three to four times
the policy’s cash surrender value. The liquid capital availability
differential between the LSV and the CSV can be a five-, six- or
possibly seven-figure “off balance sheet asset” that can recast an
individual’s net worth and create significant additional monies to fund
more cost-effective life insurance coverage, other financial instruments
or investments that can maximize a prospective client’s asset position.
If the client chooses not to engage in reinsurance, their bottom-line
financials are further enhanced by the addition of the recaptured
premium outflow. When you understand and compute the time value of
money, the ramifications of these application potentials become clear.
Next month, I’ll explain how to identify potential life settlement
clients, how to utilize the latest state-of-the art tools for
pre-qualification, how to approach a prospective client, and marketing.
Relax. It’s not that complicated. It’s really a walk in the park