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 ACLI Calls For Life Settlement Securitization Ban 

 

The American Council of Life Insurers is asking policymakers to ban the practice of securitizing blocks of life settlements.

The ACLI, Washington, has put out a policy statement asserting that packaging life insurance settlements into securities increases the risk of fraud, by encouraging securitizers to lure seniors into participating in illegal, stranger-originated life insurance transactions; by encouraging seniors to help file fraudulent STOLI applications; and by encouraging investors to buy life settlement-backed securities without understanding the risks involved.

Life settlement securitizations should be prohibited by legislation or regulation, the ACLI says.

In STOLI transactions, investors or investors' representatives persuade seniors to buy life insurance policies for the purpose of selling the policies to investors.

Only a limited number of insured individuals are candidates for legitimate life settlements, so securitization promoters would have to build their inventories by generating STOLI transactions, the ACLI says.

In addition, uncertainty about life expectancy makes rating life settlements difficult, the ACLI says.

Because of the uncertainty, life settlements cannot be properly underwritten, and they are likely to fail economically, the ACLI says.

Life settlement industry representatives could not immediately be reached for comment.

Prudential Financial Inc., Newark, N.J. (NYSE:PRU), put out a statement of its own welcoming the ACLI's policy statement.

"This is an important step in an ongoing effort to protect consumers and investors from practices that prey on older Americans and that ultimately would increase the cost of the protection for loved ones provided by life insurance," Jim Avery, president of Prudential's individual life unit, says in the statement.

Life settlement securitization encourages companies and individuals to generate STOLI business, even though 28 states have banned STOLI transactions, Avery says.

But "the major concern now, and the reason why the ACLI’s position is so important, is that those seeking to profit from the deaths of ordinary Americans are now looking to use the same techniques to target people with annuities," Avery says.

 


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    • 2/4/2010 9:10:42 AM
    • Brian G Blanchard
    • life settlement securitization
    • They are exactly right! Especially because the settlement industry could selectively weed out any purchase overpayments by post purchase follow-up on the health of the Insured. Those would be the ones bundled and sold in my opinion.
    • 2/4/2010 11:51:43 AM
    • Dee K. Carter, CLU, ChFC, RFC
    • Life Settlements
    • I am totally in favor of the ACLI position. I have been working in the senior market for many years and have heard too many of my clients say that they can get a product that has had "a double digit return for the past 18 years!" The opportunity for misrepresentation with this product is enormous! Most prospects do not realize that the sales of this product is not regulated by anyone and that most errors and ommissions carriers will not cover the sales of life settlements.
    • 2/4/2010 1:01:24 PM
    • William Bridgers
    • Amen, and Amen!
    • The SEC should get behind this, as well. Insurance contracts of any kind should not be allowe do be 'bundled' as a security. It's time to reign in the nerds on Wall Street.
    • 2/4/2010 1:14:11 PM
    • Peter Mazonas
    • Life Settlement Securitization will Benefit Seniors and Add Market Liquidity
    • The ACLI is again fear mongering in an attempt to promote the lapsing of unneeded and financially burdensome universal life policies that ACLI member carriers promoted to seniors as alternative retirement investments. Traditional non-STOLI life settlements provide seniors the alternative to lapsing by offering them the opportunity to sell their policy. Funders are quick to weed out STOLI and other questionable transactions when selecting policies for purchase. Going forward most policy portfolios will be owned by institutions and others who issue financial statements subject to strict auditing and international accoutning standards. These same standards will be relied upon by rating agencies when evaluating settlement policy portfolios to be securitized. Securitized portfolios of settlement policies will add liquidity, uniformity in underwriting and transparency to this asset class.

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