It's Time To Put Products On A Two-Rail Track

Commentary December 31, 2006 at 02:00 PM
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An official from the Securities and Exchange Commission recently reiterated the SEC's position that consumers need to receive user-friendly, easily understood disclosure forms, according to a December 4, 2006, National Underwriter article by Assistant Editor Matt Brady.

This includes disclosure and sales practices for variable annuities.

It's not a new position. In one way or another, the SEC has pushed for simplification and clarity for at least 10 years. That certainly was the impetus for its Plain English initiative several years back.

As noted in this column many times, simplification and clarity are laudable goals. After all, prospectuses that run 125 pages long are a bear to digest, even for sophisticated customers and even when presented in Plain English with ample use of graphics.

That said, it is hard to imagine creating user-friendly, easily understood disclosure forms without also pruning back the systems and business processes that are the product's backbone. These are at the root of much of the complexity; if they are simplified and/or honed, there will be less to disclose, explain and what-if.

Further, it is hard to imagine such simplification occurring in an environment that seems primed to create more complexity, not less.

For example, now that the Pension Protection Act of 2006 has been enacted, there will likely be a flurry of development of "combination" or "hybrid" products where annuities can include long term care coverage. It's a safe bet that these new products will not be simple. After all, LTC insurance is fairly complex. Hook it onto a VA and, bingo, you've got more complexity.

(Most hybrids probably will start out using the fixed annuity chassis, for the very reason that these are simpler products. But some VAs will likely go hybrid too.)

This is not to say all hybrids will be jungles. Some developers believe the products can be made to be very unified designs.

Even so, many insurance product developers do not take kindly to the idea of simplifying products–hybrids or any other kind.

These developers believe they have the right and responsibility to offer features and elements that 1) make their products better than the competition; 2) differentiate their product from others in the market; and 3) fit distribution needs and the company mission. This is why there is such a vast array of guarantee provisions, liquidity features, and internal moving parts in today's VAs. The prospectuses, sales literature and associated collateral reflect this complexity.

It's the same story with fixed index annuities, a product line the SEC does not regulate but is studying closely. The interest crediting methods in these products vary greatly, as do many other features. As a result, index annuities carry the complexity moniker, no matter how clear the sales literature.

This is not an easy nut to crack.

If the products themselves were simpler, then the disclosure forms and associated materials and would be, too. But that gets in the way of innovation–something many folks don't want to happen.

In a recent webcast, S. Michael McLaughlin brought up a point that may help with solutions. He is principal and global leader for actuarial and insurance solutions at Deloitte Consulting LLC, New York City. The downside of innovation is complexity, McLaughlin allowed. But he also said that growth through new market entry has created the need for product simplification, "and product simplification has benefits in salability and suitability."

Therein is a glimmer of hope for all. It may be that insurance products will need to run on two rails.

On the one side will be the more complex products for sophisticated markets, accompanied by appropriate, clear and accurate disclosure of the features and complexities. Here, innovation by way of features and differentiation will rule.

On the other side will be simpler products for consumers who do not want or need multiple features and options, accompanied by disclosure and materials that are crystal clear. Here, innovation in service and back-end processes will rule. The voluntary market channel is one example of the simpler option. Another example would be products for new markets. (VAs for older teenagers is an outrageous but not inconceivable example.)

If that develops, one hopes the regulators will segment rules accordingly. But whether they do so or not will likely depend on industry commitment to moving down these two tracks and to shortening, clarifying, etc. wherever possible. It is in the best interests of the industry and the public to make this work.

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