Dirty Little Secret

Commentary February 11, 2010 at 10:17 AM
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I was originally going to headline thispiece Run, Sarah, Run. But then I realized what a joke it wasand a one-liner at thatso I had to turn to something else to fill the space.

And then I thought: How about the American Council of Life Insurances February 3 statement regarding life settlement securitizations, which uses the now-familiar Palin-esque technique of making unfounded allegations to make noise and get noticed.

The ACLIs comment drew quick and scornful responses from life settlement industry participants. And rightfully so.

For years now the ACLI has been engaged in a very deliberate campaign to conflate legitimate life settlements with stranger-originated life insurance transactions.

In the early days this succeeded, largely because both settlements and STOLI were relatively new and unfamiliar and people had difficulty sorting out the two. But people wised up as the gulf between the two widened.

Part of ACLIs campaign has been to imply that the life settlement business as a whole is in favor of STOLI and as a whole is behind these transactions.

This of course is not true. The Life Insurance Settlement Association has fought to have STOLI transactions banished in the various states with as much fervor as the ACLI.

The life settlement business realized long ago that STOLI was a poison that would choke off the growth of legitimate business if it were not prohibited and thus controlled.

Might there be some bad apples in the settlement business who would try to promote STOLI transactions nonetheless? Im sure there are.

But this leads me to a dirty little secret that ACLI has been loath to even acknowledge; this is that STOLI transactions have to be done through life insurance companies. Who else writes life insurance policies?

It is hard to believe that life insurers, whose underwriting is truly sophisticated, (and lets face it, underwriting is involved in any policy large enough to be worthy of settlement) cannot identify an application that is made for STOLI purposes and the agents who consistently bring in these types of apps.

For years theres been scuttlebutt that certain companieshungry for businesshad little compunction about accepting apps that had STOLI written all over them.

So, Id like to know more about what type of self-policing the ACLI has encouraged among its members. Id like to hear more from companies about what actions theyve taken against any agent who is involved in promoting STOLI.

Its hard for me to believe that some evil STOLI promoters in the life settlement business are consistently pulling the wool over the eyes of life insurersespecially to the degree the ACLI would have you believe.

ACLI, in its comments, makes some legitimate points about securitization. But it so seriously undercuts its case with these STOLI allegations that its credibility is damaged.

There is always going to be tension between the life insurers and the life settlement business. Just wishing, on ACLIs part, is not going to make settlements go awaythey have, after all, proved their value to consumers. But scurrilous allegations directed toward the entire life settlement community are not going to work eitherone would think that would be obvious to the ACLI by now.

But then again, Sarahs still at it.

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