This transaction is called a life settlement. Life settlements have been on the scene since 1995; they are not new. While the purchase is facilitated by an insurance company, the buyers typically are pension and institutional funds which hold the policies in their investment portfolios.
Here are three common reasons why a person would sell their insurance policy…
1. The policy has outlived its usefulness.
78% of all insurance is purchased for family protection. Families with children insure the breadwinner(s) until they have had the time to build up an estate or an adequate 401(k) plan to provide for the family, pay off a mortgage and educate the children. Most people have been there and done that.
However, later in life these needs may have disappeared. The house is paid for, the kids have been to college and your 401(k) plan has a balance ten times greater than your life insurance face value.
Rather than continue to pay premiums, or surrender it for its cash value, you can sell it for more than the cash value. Buy a boat, take an extended vacation or go down to the dealership and plunk down cash for that car you have always wanted.
2. The policy has a large loan.
There are three common ways a policy can acquire a large loan.
First, at some point you simply took a maximum loan against your policy. It could have been to satisfy an emergency, take advantage of an investment opportunity—any number of things. But the loan was never repaid.
Second, you could have taken a modest loan years ago and never paid anything toward the principal. Every year, however, you received a bill for the interest due. If you are like many people, this goes in the round file and you never pay the interest. What happens is that the interest gets added to the loan. So what is originally simple interest turns into compound interest.
Over time, the loan and the unpaid interest can consume the entire cash value. That's when you get the letter from the insurance company telling you that to keep the policy in force, you need to come up with some astronomical amount of money.
But that's not the worst of it. When you call your agent to see what your other options might be, he or she informs you that if the policy lapses, there will be a gain (cash value less premiums paid) that the insurance company is required to report to the IRS. Worse yet is the fact that there is no money in the insurance policy to pay the tax (remember it lapsed for lack of premium payment and/or lack of any remaining values). So you are going to have to come up with the tax from someplace else. I don't think you would consider getting this information one of your better days.
3. You own Universal Life and interest rates have declined.
Getting this news is another bad day at the mail box. This time the letter from the insurance company says that in order to keep the policy in force, you have to come up with more than you could get for your first born.
How this occurs goes back to when you bought your policy. One of the major factors in determining the premium for a given face amount of Universal Life is the interest rate assumption made in the original proposal. Remember the double-digit interest rates? You could have bought your policy during this time frame. Most insurance agents would have suggested using a lower interest rate assumption to be conservative. However, interest rates have declined to even below these play-it-safe assumptions.
The sale of your insurance policy averts all three of these problems. In the first case, you don't have to pay any more premiums for coverage that is no longer needed. In the second, the problem you have with the loan disappears and is replaced by cash. And in the third, the probable lapse of the policy due to the fact that the premium to maintain the coverage is off the charts is offset by the cash received via a sale.
Life Insurance Policy Cash Value
What general provisions do life insurance policies have in common? In other words, what general framework do life insurance policies share? If this question means absolutely nothing to you, don't worry, you are not alone, but it does mean that there are some aspects to life policies that you should be aware of.
When you look at a life insurance policy, regardless of whatever else may in that policy, you are going to find four clauses, or sections to the policy. This is actually a way in which you can begin to understand your policy. Look for and identify these four basic clauses.
*the incontestability clause
*the suicide clause
*the lapse clause
*the clause for explaining what to do when both the insured and beneficiary die at the same time.
Incontestability Clause.
This clause declares a period of time to allow the insurance company to investigate and contest, or disagree with, the payment of the policy. After the period of time stated in the incontestability clause, the insurer cannot revoke the policy and must pay the amount agreed upon in the policy. The importance of this clause to you should be obvious, and when getting life insurance, you want to be sure the policy includes this clause and that you agree with the time limit. Let me mention that normally the maximum period of time stated in policies is 2 years.
Suicide Clause
Basically, the sucide clause states that in the event that the person with the insurance policy kills him or her self, the policy is invalid and does not have to be paid, or otherwise severely restricts the payment of benefits in some way. Normally, in the event where the issue of suicide might be of concern, the burden of proof rests with the insurance company. What this means is that if an insurance company tries to deny a claim based on the suicide clause, it is up to the insurance company to prove that the policy holder committed suicide.
Lapse and Reinstatement Clause
This clause lays out the guidelines concerning the failure to pay premiums. When an insurance policy has lapsed, that means a premium or premiums have not been paid. The period of time lapsed is the period of time of non-payment. With most policies, there is a thirty day grace period. It is of the utmost importance for you to know whether or not your policy has a grace period, and what the length of that grace period is. In the event that the beneficiary dies during the grace period, the policy must be paid minus any money owed. If your life insurance policy lapses, the policy will state terms necessary for reinstatement. Reinstatment simply means that your policy is once again in good standing. Generally speaking, the person with the insurance policy may get reinstatement by sending theinsurance company the following,
*proof of insurability
*payment of money owed plus the interest at the percentage agreed upon in the policy
*payment of any outstanding loan balance plus interest. This would not apply to term life insurance because that type of insurance does not have a cash balance account.
It is important to also be aware that there is usually a fixed period of time allowed for reinstatment. This can be anywhere between one and five years, but this is another point vital to know about before putting your signature on the dotted line.
Simultaneous Death of Insured and Beneficiary
The point of this clause is to lay out the rules explaining what to do when the insured and beneficiary die as a result of the same accident or event. Normally, the insured is considered to have died after the beneficiary. This allows the policy to be paid either to a co-beneficiary or to whomever is named the second (or contingent) beneficiary. If there is no other beneficiary, then the policy can be paid to the estate of the deceased policy holder. Occasionally the order of death comes into dispute. That is, someone claims that the insured died first (that the beneficiary died after the insured). In this event, the burden of proof of the order of death rests with the person making the dispute. Why would someone make such a dispute? A person seeking a share of the beneficiary's estate, who would not otherwise be entitled, might contest the order of death.
Both Robert D. Cavanaugh, Clu & Evan Davis are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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