Defend
Insurable Interest—Or Else
The consequences of not taking a very strong stand
against the expansion of insurable interest laws could be the equivalent for
the industry of touching the third rail. Before you know it, all that remains
is a puff of smoke.
So it is good that the major agent organizations, the National Association of
Insurance and Financial Advisors and the Association for Advanced Life
Underwriting, have—finally—come out with a forceful statement warning their
members to stay away from so-called investor-owned life insurance arrangements,
which trample on the very concept of insurable interest.
Both groups also said they were working with the American Council of Life
Insurers to oppose efforts to stretch insurable interest laws in the states.
The reason this is so important is that the investor-owned arrangement takes a
life insurance policy very far from its main intent—protecting the lives of
those important to the policy owner—and turns it into something not far from
rolling the dice on how long someone with whom the investor has no connection
is going to live.
The tax advantages of life insurance—lest people forget—are bestowed by the
government and therefore can be rescinded. And let’s face it,
the industry really doesn’t need to fight that particular fight.
This is how J.J. MacNab, a life insurance analyst who
runs a Bethesda, Md.-based company called Insurance Barometer, describes these
investor-owned arrangements. (I quote from a story by Steven Brostoff in last week’s issue.)
"She notes these arrangements involve a trust set up by a charity, which
then sells fixed income security interests in that trust to institutional
investors. The money raised by the charity, MacNab
says, is used to purchase immediate annuities on the lives of the charity's
donors.
"Then, she says, the income from the annuities is used to purchase life
insurance on the same donors. The charity benefits by receiving the arbitrage
from the program, MacNab says, in that the annuity
rates received are more favorable than the life insurance rates paid out.
"Those who participate in these arrangements, she notes, have lobbied
states to change their insurable interest laws to allow them.
"MacNab notes that the institutional investors
participating in these plans, which she says include insurance companies and
hedge funds, would not be able to purchase the life insurance contracts on their
own. Rather, she says, they must borrow—or rent—the charity's interest.
"Investing in life insurance dead pools clearly goes against public
policy," MacNab says. "The insurable
interest laws pre-date the American Revolution and were put into place to prevent
gambling on the lives of others."
I have to admit that reading MacNab’s comment that
insurance companies were among the institutional investors in these plans made
me blanch. Whoever these companies are, they deserve a swift kick in the butt
for being so knuckle-headed that the smell of some profit would make them
engage in something so unseemly. Have they gone so far from their original
mission that they can condone this kind of "investment"?
There is already too much noise being made in the public forum about life
insurance’s protection purpose being left in the shadow of life insurance as an
investment vehicle. At the same time, it has almost become a mantra that a
large swath of the public is either grievously underinsured or just plan
uninsured, and usually you will find those in the industry chanting this mantra
the loudest.
This is not a time for hand-wringing as usual, however. The industry had better
pull out all the stops to ensure that insurable interest laws stay strong and
reflect the true purpose of life insurance. It’s just possible that in doing
this, the industry might also reconnect with some good old-fashioned reasons
for selling more of it.
Steve Piontek
Editor-in-Chief