Before you can possibly
answer that question - which is vastly more complicated
than it looks - you have to know whether an outsider would
even covet your policy. A firm will take a pass if it
suspects that you share Methuselah's DNA.
Buyers will be more
excited if your doctors predict you'll live for no more
than seven to 10 years, but you still could generate some
interest if your life expectancy doesn't exceed 15 years.
The shorter your life expectancy, the more money you
should get. The life settlement firms will expect
documentation of your health from your physicians, which
can cost hundreds of dollars.
Because of the costs
involved in these transactions, nobody is going to get
excited about a policy that has a death benefit that's
worth less than $100,000. Many policies generate a
purchase price of 15 percent to 30 percent of the face
amount. That, however, doesn't include the brokerage
commission, which can be huge.
Glenn Daily, a fee-only
insurance consultant, suggests that the way in which
insurance agents and life settlement brokers are rewarded
for generating new business is "bizarre." Commissions,
which are often 6 percent, aren't calculated on the
policy's purchase price but on its face amount. So if the
policy's face value is $1 million and the purchase price
is $150,000, a 6 percent commission would be $60,000, not
$9,000.
You don't need an
economics degree to appreciate why an agent might not
always be motivated to find the largest purchase price for
his client when he's going to get paid the same amount no
matter what offer he reels in.
This strange compensation
arrangement could be one reason why the industry is in the
cross hairs of Eliot Spitzer, the New York attorney
general who won election as his state's governor Tuesday.
Last month, Spitzer filed
a lawsuit against Coventry First LLC in Philadelphia that
alleges the industry leader rewarded life settlement
brokers with secret payments to send business their way.
The brokers are supposed to obtain the best prices for
their clients by seeking bids from various life settlement
firms. But Coventry First allegedly paid these guys under
the table so they would tear up other offers.
According to Spitzer, the
investigation, which industry observers expect to broaden,
has uncovered more than 200 Coventry First cases
nationwide where brokers pocketed undisclosed commissions
of 50 percent or more of what the elderly sellers
received. If true, that's stunning.
"People in the life
settlement industry like to think that they are providing
a wonderful new service that bridges the gap between the
insurance industry and capital markets," Spitzer said in
his lawsuit announcement. "But the reality is that too
many industry players are cheating policy owners to
maximize profits for themselves and their firms."
In one case, Coventry
First allegedly offered $705,000 to an 80-year woman who
possessed a $4.9 million insurance policy. But according
to internal e-mails, the woman's broker had a competing
offer worth more than $1 million. After Coventry allegedly
gave the broker a $49,000 secret payment, the competing
offer disappeared. Maybe the broker accidentally dropped
it in the paper shredder.
In a statement, Coventry
First Chief Executive Alan Buerger complained that
prosecutors are making his company a scapegoat for
perceived problems in the industry and suggested that the
case was built almost exclusively on "out-of-context
e-mails that do not support the allegations."
Even if we could assume
that all these transactions are squeaky clean, Daily, the
insurance consultant, believes that life settlements are
only appropriate for a fraction of policyholders. "Most
people would keep their policies if they understood the
economics," he said.
Because of the
mind-numbing complexity of evaluating policies, it makes
sense to book an appointment with a fee-only insurance
consultant if you are tempted to make any changes to a
cash-value policy. These experts don't sell insurance and
don't accept commissions or payment from insurers. Unlike
insurance agents, they have no financial stake in whether
a person buys, sells or surrenders a policy.
If you want to explore
whether a life settlement makes sense, I suggest using
Daily's service, which you can learn more about at
www.WhatsMyPolicyWorth.com. The analysis includes an
estimate of a policy's market value, an estimate of the
value of the policy to your heirs if you keep it, and a
comparison of the death benefit with the projected value
of other investments. The analysis isn't cheap - it costs
$1,895 - but it typically takes many hours to evaluate a
policy and the alternatives. The price drops by $300 if
your financial adviser orders the analysis and presents
the findings to you.
When you consider that
these policy sales can be worth hundreds of thousands of
dollars, you'd be foolish just to proceed on a hunch.
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