Feature: Experts see a happy year for settlements

January 11, 2010 at 07:00 PM
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More regulatory scrutiny, higher consumer awareness and a return of buyers to the market are likely developments for the life settlement business this year, according to industry experts.

Doug Head, executive director of Life Insurance Settlement Association, Orlando, Fla., thinks the industry did well in the face of adverse publicity last year and is in position to make its case to more consumers in 2010.

"Given the challenges inflicted upon us in 2009 and the aggressive nature of some of our adversaries, we did well," says Head. "The inadequacy and inaccuracy of some of the information in the public realm was astounding. I'm looking forward to getting more accurate information to the general public. We continue to look to educate consumers."

Head continues to expect to see some regulatory battles ahead for the industry, with leftover issues from last year, when Congress held hearings on life settlements and the Securities and Exchange Commission opened an internal inquiry into industry practices.

Head says he expects a report on life settlements from the General Accounting Office this April will shed additional light on the industry. He is not sure whether that will be good or bad for the businesses. The report was ordered by the Senate Special Committee on Aging, headed by Sen. Herb Kohl (D., Wisc.).

"Kohl has the capacity to pocket the study or reject it," Head says of the report.

As for the industry, Head expects some movement toward acquiring and selling life policies with relatively smaller face values.

"But you see strange initiatives in some states that could almost cut small policies out of the marketplace," he says.

He cites a Vermont law passed in 2009 that strictly limits the amount of compensation a broker could get from a life settlement, so that a $100,000 policy, say, would return a commission of just $400.

"It's pretty tough to see that working," he says. If similar laws were passed in other states, the economics of low-face policies wouldn't work, he says.

Rob Haynie, managing partner of Life Insurance Settlements Inc., Fort Lauderdale, Fla., also expects some investors will begin to look at policy face values that are comparatively small. "But this change will extend upward, too," he says. He thinks larger face values will come into play as an increase in the number of buyers multiplies opportunities for sellers.

Haynie believes there will be more money available to buy policies this year than last year. It's not that existing investors will have more money to spend but that new funding sources will come into the marketplace, he says.

"I don't know if that is going to happen immediately, but by year-end, the market will certainly be in a better position than it is today," he says.

As for increased state regulation, Haynie thinks that all in all, this has been good for the industry. The main challenge ahead for the industry is to convince legislatures to impose the same disclosure obligations on carriers as they do on settlement brokers, he says.

"We are going to see more states realizing that in a world of open disclosure, it works both ways," he says. "If it's incumbent on the life settlement broker to disclose the seller's options, it should be incumbent on the carrier to disclose to policy owners that they could triple the amount they could get," compared to surrendering their policies.

Haynie notes that legislation last year in Maine, Washington and Oregon did mandate such disclosures and says he hopes to see similar legislation pass in other states in 2010.

He believes that one reason the coming year could be good for the industry is that relatively weak brokers withdrew from the business in 2009.

"I think everyone now in the business is going to stay in the business," he says. "2009 shook out the nonessential people."

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