Category: In the News

Appellate Court Rules in Favor of Life Insurance Settlement Association

Florida’s First District Court of Appeal in Tallahassee on April 9 ruled in favor of the Orlando-based Life Insurance Settlement Association in its court battle with the state’s Office of Insurance Regulation over whether life settlement providers doing business in Florida could be forced to disclose information about their businesses in other jurisdictions. The court summarily affirmed an administrative law judge’s finding of May 7, 2009. Florida law refers to life settlements as viatical settlements.

Doug Head, LISA’s executive director, said the association’s key issue was that Florida could not require companies to report about business they conduct in other jurisdictions. “Each state has different approaches to regulation, but no one state has been established to regulate nationally for the other states,” he told BestWire. “If California asked to see all the activities going on in Florida, the Florida legislators for sure and probably the governor would be upset. And yet Florida was trying to do exactly that with regard to California. And so we saw that as an inappropriate and very broad and wrong-headed approach.”

Head said the rule, had it been upheld by the courts, would have caused confusion among providers over what to report. California regulates traditional viatical settlements that were created to help terminally ill people sell their life insurance policies, but it does not currently regulate life settlements. Florida has a law that regulates life settlements, but it calls them viatical settlements, he said. “What would you report if you were based in Pennsylvania, licensed to do business in Florida, but also do business in California?” he asked.

The court affirmed the administrative law judge’s finding that the rule that would have required viatical settlement providers to file private financial and business information was an “impermissible exercise of legislative authority and therefore invalid,” said the association in a statement. The information had detailed business activities and settlements in other states and even other nations — jurisdictions that are not subject to Florida regulation, the statement said.

The administrative law judge in the 2009 ruling found the Office of Insurance Regulation had “not met their burden of persuasion to show that the rule is a valid exercise of delegated legislative authority.” The association said the judge found the collection of data mandated by the OIR about the viatical settlement companies was not authorized by any statute.

Oral arguments before the appellate court were heard on Feb. 23.

(By Ron Panko, senior associate editor, Best’s Review: Ronald.Panko@ambest.com)

Texas Commissioner Orders Life-Settlement Firm to Stop Business

Texas Insurance Commissioner Mike Geeslin has issued an emergency cease-and-desist order to a firm based in New Braunfels, Texas, engaged in the life settlement business.

The department alleges that Retirement Value LLC and its founder and chief executive, Richard H. Gray, have violated many insurance laws, including that they are not registered either as a life settlement provider or broker or as a life insurance company.

Geeslin said in his order the subjects have committed fraudulent and dishonest acts and/or engaged in unfair or deceptive acts. “Texas citizens who have participated or loaned money for the purchase of insurance policies from or through (the company) face serious risk of loss,” he said, noting they sometimes promised investment returns of 16.5%.

Also named in the order was Midwest Medical Review LLC, allegedly for engaging in the business of a life settlement broker and issuing life expectancy certificates without being registered by the department.

Catherine Reyer, senior associate commissioner for enforcement, told BestWire the department alleges that Gray and Retirement Value LLC are “engaging in unauthorized insurance and are purchasing life insurance policies in or from Texas without being registered as a life settlement provider.” Also, all involved are providing life expectancy certificates provided by an unregistered life settlement provider that contain confidential information, she said.

On March 29, Texas Securities Commissioner Denise Voigt Crawford issued a similar emergency cease-and-desist order against the parties. She said Retirement Value and Midwest, owned by George Kindness, are purported to have sold life settlement investments to as many as 800 investors paying as much as $100 million.

The parties named in the commissioner’s order have 30 days from the time they receive the order to request a hearing before the commissioner to show cause why the order should not be affirmed.

About $12 billion worth of life insurance face values were settled in 2008 and about $31 billion of life settlements were in force at the end of that year. Texas is among the 38 states that regulate all kinds of life settlements (Best’s Review, April, 2010).

(By Ron Panko, senior associate editor, Best’s Review: Ronald.Panko@ambest.com)

New York Officials Not Backing Off $20,000 Provider Fee

New York Insurance Department officials appear not to be backing down from imposing a $20,000 licensing fee for providers, according to attendees at a meeting with the department today. The fee is included in a set of emergency rules to implement the state’s new life settlement law.

States more commonly require $500 annual provider fees.

Russel Dorsett, president of the Life Insurance Settlement Association (LISA), previously told The Life Settlements Wire that he thought New York officials would be willing to negotiate over the fee.

The proposed rules also would require providers to pay $5,000 for biennial renewals.

The draft rules would also impose $10,000 licensing fees for intermediaries and $2,500 biennial fees. Brokers would pay $40 for licensing fees and the same amount for biennial fees.

Meanwhile, the department is inviting the public to comment on draft regulations to implement the new law. The state has also said that providers can now apply for approval of contract forms.

Source: New York Insurance Department, New York Insurance Department

Pennsylvania Lawmakers Ponder Secondary Market Bill

The Pennsylvania House is considering a bill that would impose stricter reporting and confidentiality requirements on firms that buy and sell life settlements.

The bill, H.R. 2188, would amend the Pennsylvania Viatical Settlements Act to give viators the right to rescind a settlement contract within 60 days of the date the contract is executed or 30 days after the proceeds have been paid, whichever is earlier.

The bill was introduced by Rep. Dan Frankel, D-Allegheny, vice chairman of the House Insurance Committee.