Dirty Little Secret

Commentary February 14, 2010 at 07:00 PM
Share & Print

I was originally going to headline this column "Run, Sarah, Run." But then I realized what a joke it was–and a one-liner at that–so I had to turn to something else to fill the space.

And then I thought: How about the American Council of Life Insurance's 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 ACLI's 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 ACLI's 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 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? I'm 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 let's 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 there's been scuttlebutt that certain companies–hungry for business–had little compunction about accepting apps that had STOLI written all over them.

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

It's 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 insurers–especially 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 ACLI's part, is not going to make settlements go away–they have, after all, proved their value to consumers. But scurrilous allegations directed toward the entire life settlement community are not going to work either–one would think that would be obvious to the ACLI by now.

But then again, Sarah's still at it.

Steve Piontek

Editor-in-Chief

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center