Life Settlement Attorney  Miami - Thomas L. David, Esquire





Life & Health Advisor (Southern Edition)
July 2007

Small Business Planning
Non-recourse financed life insurance deals: who gets the windfall?
by Thomas L. David
Thomas L. David is an attorney in Miami, Florida who has advised high-net worth clients and businesses for more than 40 years. He can be reached at 305-371-6600.

For life agents whose clients have been involved in non-recourse premium financing deals in the past few years, a day of reckoning has arrived and it could provide a windfall for savvy agents and their clients.

Anyone in the life insurance business has heard about the many elderly who have been offered the opportunity to "buy" a life insurance policy without paying any premiums.  The premiums are paid with non-recourse financing.  That means the insured cannot be forced to pay-off the loan, and some takers were even paid up-front money to play the game.  In the typical deal the insured was told he had the option to pay-off the loan during the first two years or would receive money when the policy was sold after two years.  Most takers just signed the stack of papers put in front of them without paying much attention to exactly what happens after two years.

There have been a rash of these deals in Florida, and elsewhere, because insurance companies routinely under-price policies to very elderly customers (from a strictly actuarial perspective) knowing that most of them let the policies lapse before they die.  The companies can afford the lower the premiums and still do very well, on average, since no death benefits are ever paid on the many cancelled policies.  The distortion in pricing provides an opening for investors who realize, after calculating the life expectancy of an elderly insured, that the eventual death benefit is much greater than the cost of paying premiums until the insured is likely to dis.  Policies of interest are usually in multiples of millions.  A five million dollar policy often yields a profit of several hundred thousand dollars after two years, even after paying off the loan for the premiums and interest on the loan.

The question is, who gets that profit?   Article continued >>