Voya Faces Suit Over Universal Life Policy Premium Hike

News March 25, 2024 at 02:14 PM
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What You Need To Know

  • Carolyn Hawkins thought she owned a fixed-premium policy.
  • Her lawyer contends that the policy was too hard to understand.
  • He says that, in effect, she flushed all of the premiums down the drain.
A gavel on a judge's bench in a courtroom

A 94-year-old Florida woman says financial advisors misrepresented how a universal life insurance policy would perform.

The woman, Carolyn Hawkins, believed the universal life policy would have stable premiums, but, instead, the premiums increased to $90,000 in 2022, from $25,000 in 2011, and Hawkins had no choice but to let the policy lapse, according to a complaint that Hawkins and her trust filed earlier this month in a state court in Escambia County, Florida.

Hawkins bought the policy, which was originally written by Hartford Life, with help from advisors at a firm that's now known as Voya Financial Advisors. Hartford Life is now Talcott Resolution Life. Hawkins' suit names Voya, Talcott Resolution Life and the two advisors as defendants.

Representatives for Voya declined to comment, and representatives for Talcott Resolution Life were not immediately available to comment. The advisors, Kent Herring and Ralph Savoie, could not be reached for comment.

Michael Bixby, Hawkins' attorney, said the problems with the policy had taken a toll on his client. "She had planned on providing for her daughters," Bixby said. "Carolyn did not believe it when she received the notice in the mail that the policy would lapse and be worthless."

Hawkins' policy: Hawkins worked as a teacher for about 20 years and then ran a national beauty pageant program.

She originally had a life insurance policy from Lincoln Financial.

In 2009, she met with an advisor, Kent Herring. Herring recommended that she buy a universal life policy, to keep the premiums stable. She bought a $2 million Hartford Bicentennial UL Freedom policy with a $46,000 annual premium.

Herring presented himself as a fiduciary, and Florida law holds him to a fiduciary standard, according to the complaint. He shared responsibility for working with Hawkins with a colleague, Ralph Savoie.

In 2011, Hawkins lowered the policy death benefit to $1 million and the annual premiums to $25,000.

Over the years, Herring and Savoie met with her and told her that all was well.

In 2022, the issuer told her that the annual premium had increased to $90,000 and that she would have to contribute $24,000 for the current year to keep the policy from lapsing.

Hawkins and her daughter did not pay the extra premiums, and the policy lapsed.

Hawkins has effectively flushed all of the early premium payments down the drain, according to the complaint.

The suit: Hawkins and one of her daughters, C. Patricia Hawkins, who acts as the trustee of Hawkins' trust, have accused the defendants of negligence, breach of fiduciary duty and violations of Florida elder abuse and financial exploitation laws.

They are seeking actual damages, punitive damages, attorney's fees and other relief.

Bixby's views: Bixby, Hawkins' attorney, said he has seen an increase in the number of cases involving universal life policy problems.

"The agents and advisors who sell these types of products oftentimes do not truly understand the products," he said. "Projections are frequently far too rosy and difficult for the consumers to understand."

Asking consumers to understand that the policies had been misrepresented "would be like asking the typical Main Street American consumer to solve a crossword puzzle in Russian," he said.

Credit: vacharapong/Adobe Stock

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