As the Dust of 2009 Settles, Advisors See Advanced Sales Opportunities

January 03, 2010 at 07:00 PM
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As the U.S. economy recovers ever so slowly from a near-catastrophic contraction, 2010 is not likely to be a banner year for life insurance professionals. But those in the know foresee business opportunities in the return to financial stability–however tenuous.

"The shock of the economic crisis has worn off to a large extent," says Mark Rosen, CLU, principal, Underwriters Brokerage Service, Pittsburgh, Pa. "Now is a good time for advisors to talk with clients about their plans, to make sure that financial objectives are still on track."

Vernon Holleman, president of The Holleman Companies, Chevy Chase, Md., agrees. "We're seeing a healthy appetite among folks to reexamine their portfolios with a view to improving their product or plan design," he says. "There are tremendous opportunities that can translate into 1035 exchanges and new sales."

Sources tell National Underwriter that much of the new business will be driven by the need to revamp plans pummeled by the markets in 2009.

The greater flexibility of new products is also expected to spur advanced markets sales. In a recent case, says Holleman, he was able to exchange an ILIT-owned whole life policy carrying a $5 million face amount for a $5.5 million contract and eliminate the premium for gifting purposes. Because the client's health (and rating) had improved, the cost of the new policy was also lower than under the old contract.

Still competitive prices for insurance products could also fuel advanced sales, at least near-term. Says Holleman: "Right now, there should be a fire sale going on because the products are currently underpriced. People should be gobbling them up."

David Archambault, a chartered life underwriter and principal of Showley, Archambault, Alexander Insurance Associates, San Diego, Calif., agrees, but suggests that premiums could soon rise, as insurers shore up reserves to make good on product guarantees. Alternatively, carriers may drop certain products, as the needed premium increases could render the offerings uncompetitive. He notes this is already happening with secondary guarantee universal life products.

"Several carriers have left the marketplace for secondary guarantee products because the reserve requirements are so great," he says. "They're offering instead current assumption UL policies, which are more attractive to the insurer because of the lower reserve requirements. But the products also carry greater risk for consumers."

Rosen also anticipates a rise in premiums, noting that a "wave" of price increases for term insurance is already underway. But continuing innovation in product design and features could also compensate for the higher costs. Among the new solutions expected to hit the market in 2010: combination products, including life insurance and annuities featuring long term care riders.

Advisors say they also anticipate increased sales of traditional products that better align with the more conservative asset allocations clients have adopted in the wake of the downturn. Hence the renewed focus on whole life insurance, which Rosen notes is enjoying a resurgence.

Verena Lewandowski, a chartered life underwriter and a Portland, Ore.-based financial representative for Northwestern Mutual Financial Network, concurs.

"I'm seeing a huge amount of interest in whole life insurance, much more so than in prior years," she says. "Many clients favor the product because of its solid performance."

Experts say they also foresee an uptick in certain advanced planning techniques. Gregory Amundson, a financial consultant and principal of Avastia Business Transition Team, Federal Way, Wash., points to charitable remainder trusts, which constitute a big portion of the planning he does for clients.

The philanthropically inclined will have all the more incentive to engage in planned giving in the year ahead if, as Amundson expects, Congress makes permanent the current estate tax exemption and top estate tax rate, currently $3.5 million and 45%, respectively. Among other benefits, the present value of charitable gifts are income-tax deductible. The gifts also reduce the value of an estate and, thereby, any estate tax levied.

Alan Pratt, a principal and founder of Pratt Legacy Advisors, Bellevue, Wash., also looks forward to "robust sales" in 2010–and not just in the planned giving arena. A chartered advisor in philanthropy, Pratt enjoys a profitable practice serving high net worth clients with $20 million-plus in investable assets, most of them individuals at or near retirement age.

"These higher net worth prospects generally make better clients," says Pratt. "Their businesses and personal assets may experience a temporary dip in a down economy, but their individual net worths are so sizeable that the need for a fully funded plan isn't impacted. And in my world, a charitable plan is often the opening topic of discussion in client engagements."

Or else a business succession plan. In tandem with legislation freezing the current estate tax regime, sources say, Congress could enact provisions that limit taxpayers' ability to claim discounts in valuing transfers of family-controlled entities for tax purposes.

Indeed, the House of Representatives introduced a bill (HR 436) early in 2009 that would eliminate the application of valuation discounts for "non-business assets" held by a firm (e.g., cash and marketable securities in excess of company needs) and minority discounts (i.e., those reflecting lack of control) for family-controlled entities. Without these discounts, says Pratt, an owner may need substantially more life insurance to cover a greater estate tax bill when the business passes to children at his or her death.

Other advanced planning techniques could be called into question because of increased government scrutiny. The use of vehicles now favored because of historically low interest rates–loans/sales to defective trusts, the qualified personal residence trust, the charitable lead annuity trusts and the grantor retained annuity trusts–could be curbed, observers say.

"There may be restrictions placed on GRATs," says Holleman. "The government doesn't like them, viewing them as too good a deal. Short-term GRATs especially are being much more closely watched."

A more restrictive regulatory environment could be a bad deal for advisors if, as some experts suggest, new laws or rules makes doing business significantly more difficult. Some warn of the negative impact of the Investor Protection Act of 2009, which the U.S. House Financial Services Committee approved on November 4 and which would extend a fiduciary standard to broker-dealers who provide investment advice. Others are anxious about ever-mounting compliance work demanded of advisors.

"We don't want the federal government creating unintended consequences for the public, planners or the life insurance community," says Rosen. "We're already in a difficult regulatory environment. If government legislation negatively impacts the ability of broker-dealers to access or recommend products, then ultimately they and their clients will be hurt."

Other legislative changes are being view more positively. Topping the list: a $70 billion tax cut provision enacted in May of 2006 that revises the eligibility rules for doing a traditional-to-Roth IRA conversion. This year, taxpayers with modified adjusted gross incomes of more than $100,000 will be able to convert to a Roth IRA and spread the income taxes due on the transaction over two years, 2011 and 2012.

For producers, sources say, the tax law change could yield additional life insurance sales, as clients undertaking conversions buy or upgrade policies needed to replace retirement assets paid to cover income tax on a conversion. The policies can also provide liquidity to Roth IRA beneficiaries who may have to pay estate tax.

"We expect Roth IRA conversions to be a hot topic in 2010, as it will open up opportunities for a large number of potential clients," says Matt Rowles, advanced marketing director-individual life insurance, at Prudential Financial, Newark, N.J. "By covering the tax bite with a life insurance death benefit, policy beneficiaries can secure the full value of the IRA."

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