Life settlement

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A life settlement or viatical settlement (from Latin viaticum, something received before death) [1] is the sale of an existing life insurance policy (typically of seniors) for more than its cash surrender value, but less than its net death benefit, [2] to a third party investor. [3] Such a sale provides the policy owner with a lump sum. [4] The third party becomes the new owner of the policy, pays the monthly premiums, and receives the full benefit of the policy when the insured dies. [4]

Contents

In many jurisdictions, a viatical is a life settlement where the insured has less than two-year life expectancy. However, some jurisdictions, such as the U.S. state of Maryland, use the term viatical settlement for both types. [5]

Description

Term, permanent, or whole life insurance policies qualify for life settlement. Most commonly, universal life insurance policies are sold. [6] [7] [8] Policyholders are generally 65 or older and own a life insurance policy worth $100,000 or more. [8]

Policyholders may enter into life settlements, among other reasons, because they can no longer afford the ongoing premiums, they no longer need or want the policy, to fund long-term care, increased medical costs, or they need money for other expenses. [9] [10] Viatical settlements are often sold by, or on behalf of, an insured who is terminally or chronically ill. [4] [11] The policyholder may receive three to five times more than the surrender value for the policy. [12] [13]

The transaction may also be structured as a death benefit transaction, in which policyholders receive cash payments and their beneficiaries also receive a payment after the death of the life insured. After the transaction, the policyholder will no longer have obligations to pay premium. [14] [15]

Life settlement history

Grigsby v. Russell (1911)

The U.S. Supreme Court case of Grigsby v. Russell, 222 U.S. 149 (1911) established and legitimized the sale of the right to receive life insurance benefits, ruling that a policy was private property which may be assigned at the will of the owner. [16] The case was argued in November 1911 and decided on December 4, 1911. [17] [18] Justice Oliver Wendell Holmes noted in his opinion that life insurance possessed all the ordinary characteristics of property, and therefore represented an asset that a policy owner may transfer without limitation. [19]

Dr. A. H. Grigsby treated a patient named John C. Burchard. [4] Burchard was unable to pay for a needed operation but had an insurance policy on his life, being in need of a particular surgical operation, offered to sell Dr. Grigsby his life insurance policy in return for $100. Grigsby would pay the remaining premiums. When Mr. Burchard died, Dr. Grigsby attempted to collect the benefits. [4] An executor of Burchard's estate challenged Dr. Grigsby in Appeals Court and won. [4] The case eventually reached the U.S. Supreme Court where Justice Oliver Wendell Holmes Jr. delivered the opinion of the court. [4] He stated in relevant part that

“So far as reasonable safety permits, it is desirable to give to life policies the ordinary characteristics of property. To deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands.” [4]

The Supreme Court's decision set forth the fundamental principle upon which the viatical settlement and later, the life settlement industry were based: a life insurance policy is private property, which can be assigned at the will of the owner. [4] However, Viatical settlements remained rare for almost eight decades until the onset of the AIDS epidemic. [4]

1980s–1999

Despite the Supreme Court ruling, life settlements remained extremely uncommon due to lack of awareness from policy holders and lack of interest from potential investors. That changed in the 1980s when the U.S. faced an AIDS epidemic. [16] [4] [20] The early victims of AIDS in the U.S. were largely gay men, typically relatively young and without wives or children (the traditional beneficiaries under a life insurance policy), but often covered by life insurance through employment or as a result of investments. The beneficiaries under the policies were often their parents who did not need the money. Viatical settlements offered a way to extract value from the policy while the policy owner was still alive. [21]

At the time, the AIDS mortality rate was very high, and life expectancy after diagnosis was typically short. [4] Investors were reasonably sure that they would collect in a relatively short time. As medical advancements improved the lives of those persons living with terminal or chronic illnesses, the life settlement industry emerged. [4] [21]

However, by the mid-1990s, this investment strategy had faded away because of the rise of antiviral drugs.

In its place arose a new strategy focusing on acquiring policies of the elderly, [22] although a niche business persists to this day acquiring policies on terminally ill of all ages. Policies of terminally ill patients are rare for two key reasons. First, the market size of terminally ill insured interested in selling their policies is small. Second, carriers now offer accelerated death benefit riders, which pay out if the insured is terminally ill, so there is no need for a settlement.

In 1993, the National Association of Insurance Commissioners (NAIC) adopted the first Viatical Settlement Model Act. [23] The term viatical settlement refers to a life settlement where the life expectancy is under two years because the person was terminally ill. [24] [22]

2000–present

In 2000, the National Conference of Insurance Legislators (NCOIL) adopted the Life Settlements Model Act. [25] In 2001, "life settlements" became a common term to describe the purchase of life insurance policies from senior citizens. [25]

In 2005, the life settlement industry was regulated in twenty-five states, providing seniors more value than the cash surrender option. [25]

In 2007, the NAIC and NAIC adopted revisions to the Viatical Settlements Model Act and the Life Settlements Model Act to strengthen consumer protections and address STOLI (stranger-originated life insurance) concerns. [25]

In 2010, NCOIL adopted the Life Insurance Consumers Disclosure Model Act. [25] [ clarification needed ]

Early improper activities among a few bad actors produced a fear among consumers regarding viatical settlements. [4] [ weasel words ] Life insurers became concerned about individuals purchasing policies purely for speculative purposes. [4] Many US states regulate viatical and life settlements and many more are developing legislation and regulations. [4] As of June 2011, the only states that do not regulate viatical settlements are Wyoming, South Dakota, Missouri, Alabama, and South Carolina. [26]

Following the Tax Cuts and Jobs Act of 2017, proceeds up to the total amount of premiums paid over time are tax free, and proceeds more than the tax basis up to the amount of the policy's surrender value are taxed as ordinary income. [8] Proceeds in excess of the surrender value are taxed as capital gains. [8]

In 2020, the Senior Health Planning Account Act (HR 5958) was introduced in the U.S. House of Representatives. It would allow seniors to pay for health care costs using tax-exempt proceeds from the sale of their life insurance. [27] [28] It was reintroduced in 2021. [29]

Market size

Life settlements remain a niche asset class. For the year ending 2020, according to the Life Settlement Report by the Deal, there were 3,241 policies purchased with a total face value of $4.6B on the secondary market (from the original policyowner). This was up from 2019 when 2,878 policies for a total face value of $4.4B were purchased on the secondary market. [30] In contrast, as of 2018, there were 267M life insurance policies in force in the United States. [31] Moreover, it is estimated that roughly 10M policies a year lapse. [32] Since the policyowner would always be better off selling rather than lapsing, many believe the life settlement market has tremendous growth potential.

There are major industry trends. One is the rise in asset capital. More institutional investors are funding life settlements and have invested billions of dollars in assets since the early 2000s. [33] [34] [35] [36] For reference, in the primary market, insurance companies sell life insurance policies to market individuals, who become policyowners. In the secondary market, policyowners' policies are sold to third parties such as life settlement providers, who purchase policies on behalf of third party investors such as institutional investors. In the tertiary market, third party investors trade policies, which are included in the asset class. [37] [38]

Another major trend is direct-to-consumer marketing. Some providers and brokers engage in advertising to raise awareness of the life settlement option. This allows policy owners an easy way to engage directly with providers and brokers. By working directly with a provider or a broker, policy owners are not submitting through a financial advisor or other professional. [33] [34] [39] [40]

Life settlement technology surrounding apis, apps and AI continue to improve the industries transparency for consumers. [41]

The final trend is more efficient medical underwriting. It is the result of new technologies and more reliable data from systems that are utilizing prescription and clinical database searches. While the market for life expectancy companies has grown more competitive, managers have become more adept with analytics and are better able to estimate more accurate life expectancies for life settlement transactions. This mitigates the risk of serious financial losses heightened by prior underwriting methodologies and increases profitability and investor demand for policies. [33] [34] [39] [42] [43]

Transaction parties

A policyowner or the insured may contact a life settlement provider, financial advisor, or life settlement broker regarding the sale of a life insurance policy. Financial advisors may use life settlement brokers to access life settlement providers, or they may go directly to life settlement providers. Financial advisors and life settlement brokers represent the policyowner regarding the sale of a life insurance policy. Life settlement providers purchase policies and either retain ownership of those policies, or they sell pools of policies to institutional investors. [44] [23] [45] [46] Expected returns for the buyer range from 8 to 10 per cent after fees. [47]

Until 2022, one of the largest life settlement providers was GWG, which purchased over $3 billion of life settlements. [48] However, GWG declared bankruptcy in 2022, and it has subsequently come under scrutiny by regulators, journalists, and attorneys who say it inappropriately marketed its investments to mom-and-pop investors. [49] [50]

Transaction process

In a life settlement transaction, the insured completes an application. Once they receive a formal offer from a life settlement provider, the insured receives a “closing” package containing documents to formalize their acceptance of the life settlement exchange offer. The client signs transfer-of-ownership forms to complete the transaction. [51]

Regulation

Forty three states, approximately 90% of the United States population, is regulated by life settlement laws. [52] However, New Mexico and Michigan only regulate viatical settlements, while Wyoming, South Dakota, Missouri, Alabama, and South Carolina, and Washington, D.C. neither regulate viatical settlements nor life settlements. [26] However, some states, like Maryland, refer to any life settlement as a viatical settlement. [53]

The Life Insurance Settlement Association (LISA) is a nonprofit created in 1994 to promote legislation and regulation in the industry. Members include brokers, providers, investors, and others. The association annually awards the Alan H. Buerger (AHB) award for Industry Leadership. [54] [55] [56]

The Institutional Longevity Markets Association, Inc. (ILMA) is a trade association formed to regulate the life settlement and longevity marketplace. [57]

The European Life Settlement Association (ELSA) represents European investors, service providers and intermediaries. Founded in 2009, it sets standards for the European life settlement industry. [58]

Valuation techniques

Life settlements are valued by examining market prices according to the ‘fair value’ approach using closed life settlement transactions. Market data is collected from multiple providers and that information is available to clients as well as third parties. [59] The pricing of life settlements relies on the quantification of two main variables: the insured's life expectancy and the internal rate of return (which reflects the heightened risk associated with life settlements compared to other assets). The actuarial literature presents various approaches to pricing life settlements, including deterministic, probabilistic, stochastic, and fuzzy methods. [60] [61] [62] [63] The sensitivity of the price of a life settlement to variations in the value of the variables on which it depends (insured’s life expectancy and interest rate) can be determined through two different measures, duration and convexity. [64] [65]

Viatical settlements are valued by examining market prices according to the ‘fair value’ approach using closed life settlement transactions. Market data is collected from multiple providers and that information is available to clients as well as third parties. [66] The pricing of life settlements relies on the quantification of two main variables: the insured's life expectancy and the internal rate of return (which reflects the heightened risk associated with life settlements compared to other assets). The actuarial literature presents various approaches to pricing life settlements, including deterministic, probabilistic, stochastic, and fuzzy methods. [60] [61] [62] [63] The sensitivity of the price of a life settlement to variations in the value of the variables on which it depends (insured’s life expectancy and interest rate) can be determined through two different measures, duration and convexity. [65] [64]

Major study findings

An academic study that showed some of the potential of the life settlement market was conducted in 2002 by the University of Pennsylvania business school, the Wharton School. The research papers, credited to Neil Doherty and Hal Singer, were released under the title The Benefits of a Secondary Market For Life Insurance. [67] This study found, among other things, that life settlement providers paid approximately $340 million to consumers for their under-performing life insurance policies, an opportunity that was not available to them just a few years before.

A 2002 study showed that among hospice financial counselors who have had experience with viatical settlements, most report positive experiences. [68]

In 2016, the University of Pennsylvania's Wharton Business School and Washington University’s Olin Business School conducted another academic study. The study found that the majority of life insurance policies do not pay a death benefit, with nearly 85 percent of term policies and 88 percent of universal life policies failing to pay a death claim. [69]

Another study by Conning & Co. Research, Life Settlements: Additional Pressure on Life Profits, found that senior citizens owned approximately $500 billion worth of life insurance in 2003, of which $100 billion was owned by seniors eligible for life settlements.

A life insurance industry-sponsored study by Deloitte Consulting and the University of Connecticut came to negative conclusions regarding the life settlement market. [70]

A 2013 study found that a life settlement, on average, delivered four times what policy owners would have received had they surrendered their policies to a life insurance company. [10]

In 2020, the amount paid to sellers increased from $839.6 million to $848.1 million. [71]

Notable cases

Mutual Benefits

One of the most infamous viaticals cases involved the Mutual Benefits Corporation headed by Peter Lombardi and run by Joel Steinger. The Florida company purchased life insurance policies from people with HIV, and sold shares in the future proceeds to 28,000 investors. In 2004, the Securities and Exchange Commission closed the firm saying it was a $1 billion Ponzi scheme. Lombardi and Steinger received 20-year prison sentences. [72] [73]

Kelco

In August 2008, Stephen L. Keller, the former CEO of Kelco Inc., filed a motion in the United States District Court for the Eastern District of Kentucky, with Judge Karl S. Forester, to dismiss Keller's convictions for conspiracy, fraud, and money laundering. Keller's convictions resulted from Kelco buying and selling life insurance policies that in some cases, had been falsified by 3rd party insurance agents, for insureds with HIV/AIDS applications, then buying the policies in a viatical settlement. [21] Keller's motion was denied on November 12, 2010. His appeal of that denial was also denied, on February 28, 2011. [74]

Related Research Articles

<span class="mw-page-title-main">Insurance</span> Equitable transfer of the risk of a loss, from one entity to another in exchange for payment

Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect against the risk of a contingent or uncertain loss.

<span class="mw-page-title-main">Life insurance</span> Type of contract

Life insurance is a contract between an insurance policy holder and an insurer or assurer, where the insurer promises to pay a designated beneficiary a sum of money upon the death of an insured person. Depending on the contract, other events such as terminal illness or critical illness can also trigger payment. The policyholder typically pays a premium, either regularly or as one lump sum. The benefits may include other expenses, such as funeral expenses.

Title insurance is a form of indemnity insurance, predominantly found in the United States and Canada, that insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike some land registration systems in countries outside the United States, US states' recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy.

Variable universal life insurance is a type of life insurance that builds a cash value. In a VUL, the cash value can be invested in a wide variety of separate accounts, similar to mutual funds, and the choice of which of the available separate accounts to use is entirely up to the contract owner. The 'variable' component in the name refers to this ability to invest in separate accounts whose values vary—they vary because they are invested in stock and/or bond markets. The 'universal' component in the name refers to the flexibility the owner has in making premium payments. The premiums can vary from nothing in a given month up to maximums defined by the Internal Revenue Code for life insurance. This flexibility is in contrast to whole life insurance that has fixed premium payments that typically cannot be missed without lapsing the policy.

Term life insurance or term assurance is life insurance that provides coverage at a fixed rate of payments for a limited period of time, the relevant term. After that period expires, coverage at the previous rate of premiums is no longer guaranteed and the client must either forgo coverage or potentially obtain further coverage with different payments or conditions. If the life insured dies during the term, the death benefit will be paid to the beneficiary. Term insurance is typically the least expensive way to purchase a substantial death benefit on a coverage amount per premium dollar basis over a specific period of time.

Universal life insurance is a type of cash value life insurance, sold primarily in the United States. Under the terms of the policy, the excess of premium payments above the current cost of insurance is credited to the cash value of the policy, which is credited each month with interest. The policy is debited each month by a cost of insurance (COI) charge as well as any other policy charges and fees drawn from the cash value, even if no premium payment is made that month. Interest credited to the account is determined by the insurer but has a contractual minimum rate. When an earnings rate is pegged to a financial index such as a stock, bond or other interest rate index, the policy is an "Indexed universal life" contract. Such policies offer the advantage of guaranteed level premiums throughout the insured's lifetime at a substantially lower premium cost than an equivalent whole life policy at first. The cost of insurance always increases, as is found on the cost index table. That not only allows for easy comparison of costs between carriers but also works well in irrevocable life insurance trusts (ILITs) since cash is of no consequence.

Guarantee Security Life Insurance Company, or GSLIC, represented one of the most severe cases of insurance fraud in Florida history. According to the Florida Insurance Commissioner:

[GSLIC] was, almost from the beginning, a massive fraud, aided and abetted by blue-ribbon brokers and licensed professionals motivated by their own self-interest. The fraud at Guaranteed Security was a carefully orchestrated bank robbery. But the thieves disguised themselves with the help of accountants and brokers and lawyers rather than wearing silk-stocking masks.

Whole life insurance, or whole of life assurance, sometimes called "straight life" or "ordinary life", is a life insurance policy which is guaranteed to remain in force for the insured's entire lifetime, provided required premiums are paid, or to the maturity date. As a life insurance policy it represents a contract between the insured and insurer that as long as the contract terms are met, the insurer will pay the death benefit of the policy to the policy's beneficiaries when the insured dies.

An endowment policy is a life insurance contract designed to pay a lump sum after a specific term or on death. These are long-term policies, often designed to repay a mortgage loan, with typical maturities between ten and thirty years within certain age limits. Some policies also insure additional risks, such as critical illness.

Critical illness insurance, otherwise known as critical illness cover or a dread disease policy, is an insurance product in which the insurer is contracted to typically make a lump sum cash payment if the policyholder is diagnosed with one of the specific illnesses on a predetermined list as part of an insurance policy.

Group insurance is an insurance that covers a group of people, for example the members of a society or professional association, or the employees of a particular employer for the purpose of taking insurance. Group coverage can help reduce the problem of adverse selection by creating a pool of people eligible to purchase insurance who belong to the group for reasons other than the wish to buy insurance. Grouping individuals together allows insurance companies to give lower rates to companies, "Providing large volume of business to insurance companies gives us greater bargaining power for clients, resulting in cheaper group rates." The concept varies internationally, with distinct practices and benefits in different countries, such as Canada and India. Additionally, group insurance policies can be either compulsory or voluntary, each with specific underwriting requirements and implications for coverage and premiums.

Life Partners, Inc. is a life settlement provider headquartered in Waco, Texas. LPI's parent company, Life Partners Holdings, Inc., delisted from the NASDAQ, currently trades on the OTCPK under the ticker LPHI.Q. This follows the company seeking Chapter 11 bankruptcy protection, resulting from a total of $46.9 million in penalties levied against the company and two of its officers.

Mortgage insurance is an insurance policy which compensates lenders or investors in mortgage-backed securities for losses due to the default of a mortgage loan. Mortgage insurance can be either public or private depending upon the insurer. The policy is also known as a mortgage indemnity guarantee (MIG), particularly in the UK.

Premium financing is the lending of funds to a person or company to cover the cost of an insurance premium. Premium finance loans are often provided by a third party finance entity known as a premium financing company; however insurance companies and insurance brokerages occasionally provide premium financing services through premium finance platforms. Premium financing is mainly devoted to financing life insurance which differs from property and casualty insurance.

Medical underwriting is a health insurance term referring to the use of medical or health information in the evaluation of an applicant for coverage, typically for life or health insurance. As part of the underwriting process, an individual's health information may be used in making two decisions: whether to offer or deny coverage and what premium rate to set for the policy. The two most common methods of medical underwriting are known as moratorium underwriting, a relatively simple process, and full medical underwriting, a more indepth analysis of a client's health information. The use of medical underwriting may be restricted by law in certain insurance markets. If allowed, the criteria used should be objective, clearly related to the likely cost of providing coverage, practical to administer, consistent with applicable law, and designed to protect the long-term viability of the insurance system.

A unit-linked insurance plan is a product offered by insurance companies that, unlike a pure insurance policy, gives investors both insurance and investment under a single integrated plan.

Bond insurance, also known as "financial guaranty insurance", is a type of insurance whereby an insurance company guarantees scheduled payments of interest and principal on a bond or other security in the event of a payment default by the issuer of the bond or security. It is a form of "credit enhancement" that generally results in the rating of the insured security being the higher of (i) the claims-paying rating of the insurer or (ii) the rating the bond would have without insurance.

Accident insurance is a type of insurance where the policy holder is paid directly in the event of an accident resulting in injury of the insured. The insured can spend the benefit payment however they choose. Accident insurance is complementary to, not a replacement for, health insurance.

Stranger-originated life insurance ("STOLI") generally means any act, practice, or arrangement, at or prior to policy issuance, to initiate or facilitate the issuance of a life insurance policy for the intended benefit of a person who, at the time of policy origination, does not have an insurable interest in the life of the insured under the laws of the applicable state. This includes the purchase of life insurance with resources or guarantees from or through a person that, at the time of policy initiation, could not lawfully initiate the policy; an arrangement or other agreement to transfer ownership of the policy or the policy benefits to another person; or a trust or similar arrangement that is used directly or indirectly for the purpose of purchasing one or more policies for the intended benefit of another person in a manner that violates the insurable interest laws of the state. The main characteristic of a STOLI transaction is that the insurance is purchased solely as an investment vehicle, rather than for the benefit of the policy owner's beneficiaries. STOLI arrangements are typically promoted to consumers between the age of 65 and 85.

Mutual Benefits Corporation was a Ft. Lauderdale, Florida based investment sales company that operated a huge ponzi scheme selling viatical settlements, with investors losing an estimated $835 million. The principal ring leader of the scam was Joel Steinger.

References

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