The crux of the complaint is both technical as well as . Its truly amazing that Minnesota Life and one of the bigger IMOs in the industry fell for this plan. Indexed universal life insurance is in the same class as other permanent life insurance policies, such as whole life insurance. This settlement for approximately USD 88 million removes the uncertainty of this ongoing litigation for the company and its customers . To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. Consumers may not know about the intricacies of IUL policies, allowing PacLife to exploit their lack of knowledge. If a lawsuit can be filed, indexed universal life insurance policyholders may be able to recover compensation for any harm they suffered in buying these policies. If internal costs cause the policy account value to drop too much, your policy is at risk of lapsing and youll have to pay more in premiums just to keep the policy intact. There is a class action lawsuit alleging just that in California. They are led to believe the policy will earn 6% or more each year, and since they can borrow the money to pay the premiums at 3% or less, they think they will make at least 3%, far better than a bank can offerand on borrowed money. Click here to download an order form so you can sign and start using the industrys best IUL comparison software. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. It is a bit different than the amended complaint. Published April 17, 2023 9:54AM. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. But one lawsuit is not like the others. InsuranceNewsNet Senior Editor John Hilton has covered business and other beats in more than 20 years of daily journalism. Using various marketing efforts, agents allegedly targeted pensioners with the FIP strategy by offering them a lump sum in exchange for a portion of their future pension payments. I asked simple questions like is there a bank or trust company (reputable one) that is managing the payments in this structure? What has happened is exactly what I predicted would happen when I saw the structure nearly two years ago. 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The plaintiffs claim they were misled about the costs of an IUL policy and how it works. Portfolio Analyzing for Non-Licensed Advisors. This article is not legal advice. We want to help people make smart financial decisions How? He said the class action status enables 90,000 motorists to possibly get their money back; a total of $20 million. Something to be aware of Transamerica is that they just settled a class action lawsuit about their "cost of insurance . When a policyholder tries to surrender the policy, the insurer might keep the entire first years premium since it has already paid the commission costs to the agent who sold the policy. Nationwide privately settled a case in May relative to variable universal life insurance costs, and John Hancock Life Insurance Co. settled a lawsuit in July for $91.25 million. To read the complaints filed against Minnesota Life, Shurwest, and several other defendants, and to read a separate CLASS ACTION complaint against Minnesota Life, click on the following link: One question I get quite often from advisors who have been getting my newsletters is: what exactly do you do? Required fields are marked *. Just because some agents misrepresent something does NOT make it a bad product. To read the Order from the Federal Court certifying the Class Action, click here (its an interesting read). Besides the questionable history of the person behind the structure, the structure itself has such glaring flaws to it that youd have to be an idiot to recommend this to clients. The plaintiffs are represented by Bonnett Fairbourn Friedman & Balint, a Phoenix law firm specializing in life insurance sales practices. And the insurance agent can make a commission on the sale of the structured payment and the target premium on the IUL is larger (winner winner chicken dinner)! Other times, the companies link IUL projections to lesser-known indexes that have no historical track record to depict generous future values through back-tested models on hypothetical returns from previous unrepresentative periods. It is believed that some insurers are using current interest rates and costs to project policy benefits without taking into account how the performance of stock indexes and costs charged to the policyholder can fluctuate over time. Minnesota Life is too big to bring down over this, but the damages from these lawsuits will be significant if liability is proved. The crux of the complaint is both technical as well as addresses the way it was sold, according to Bobby Samuelson, editor at The Life Product Review. This practice is called arbitrage. In fact, many indexed universal life insurance buyers have been encouraged to buy up to five times the amount of insurance they actually need with these low-cost loans, Roth says. We will be sure to monitor the situation and update you as we find out more. Others may be representing a higher growth rate of the stock index than what most financial experts would believe to be reasonable. When a life insurance claim goes on for too long, without the family being paid, a lawsuit is the only way to make the life insurance company comply with the law and pay the policy. Nonetheless, Vazirani insisted that his concern is to rid the industry of abusive marketing techniques being used to fund IUL sales. Minnesota Life sued Shurwest July 12 in the U.S. District Court for the District of . New IUL products featuring "multipliers" or "bonuses" prompted the IUL Illustration Subgroup to consider . Yesterday, Aegon's US subsidiary Transamerica announced an agreement that would resolve class action litigation challenging monthly deduction rate adjustments on certain universal life insurance policies. For one thing, after a few years the insurer may lower thecrediting cap,which is the maximum amount it allows the policyholder to earn on the policy when options do well, says Wealth Managements Roth. The primary issues are as follows: There is no telling that this complaint will be successful, but it may have a dramatic affect (win or lose) on our industry. Aegon USA Inc., Please review our Affiliate Link Disclosure for more information. State court rules can differ. Also, the new AG 49A permits the IUL illustration crediting rate to be 50 basis points higher than the policy loan rate, down from 100 basis points. Most policies have both an interest floor and an interest cap, meaning that maximum gains are limited even if a stock index performs extremely well. Its a way for life insurance policyholders to have their cash value take part in the market. Hong Li, et al. Click Change Settings if you want to tailor the use of your cookies. Whats your clients retirement income style? LSW Class Action Lawsuit - Advisor Share LSW Sued in IUL Pyramid Sales Scheme (Class Action Certified) This case has been out there for a few years and for whatever reason, the normal trade publications haven't really written about it. Many of the policies were sold during a period of high interest rates, which allowed insurers to offer attractive guaranteed minimum interest rates. Using either one can get you sued. 2023 InvestmentNews LLC. Get breaking news, exclusive stories, and money- making insights straight into your inbox. According to the IUL class action lawsuit, Li would not have taken out an insurance policy if she knew that Xu used false and misleading illustrations about policy performance to induce her into purchasing the policy. The initial cap of 10% was not sustainable based on portfolio yields and option pricing. Have you used the website or portal for Nelnet Servicing, a technology provider to Edfinancial and Oklahoma Student Loan Authority (OSLA)? information here is for reference only. Your email address will not be published. An indexed universal life insurance policy is different. View Guidelines. View Guidelines. This website is not intended for viewing or usage by European Union citizens. After being misled by some companies about the performance of IUL policies, some consumers have filed IUL lawsuits for false marketing. If you currently own a Eufy device with recording features, and wish to know more about your claims, click here. How much annuity income can I expect to receive? A class action lawsuit, also known as a class action or representative suit, is a type of lawsuit where one of the parties is a group of people represented collectively by a member or members of that group. that reports on class action lawsuits, class action settlements, I have been very concerned about the excessively high fees involved and am having trouble seeing how this can possibly work as illustrated to me by my producer. Top Class IF YOU KNOW A CLIENT OR FRIEND WHO GOT CAUGHT UP IN THIS STRUCTURE, This website is not intended for viewing or usage by European Union citizens. The IUL Class Action Lawsuit is Hong Li v. Pacific Life Insurance Company, et al., Case No. But the policy owner is likely to have torequalify as a borrower every three to five years, during which time the interest rate may go up while the cash value inside the policy could go down. This practice deceives and misleads consumers as they are pulled in by the allure of unrealistic and improbably financial positives. Mix in massively complex products designed to juice illustrations with opaque and unaccountable features and you have the recipe for future financial disaster, said Birnbaum in a July 2020 statement that warned consumers against buying IUL. Oh, if you want to download for FREEmy Bad Advisors book (I highly recommend it), click on the following link: http://strategicmp.net/bad-advisors-download. This awful IUL sales story proves my point. Earlier this year, plaintiffs filed a Proof of Claim on behalf of a putative class in the bankruptcy, which was disallowed in an Arizona court. No. Unfortunately, when faced with poor policy performance or mounting premiums, consumers may have been forced to surrender their policies. ClassAction.org is a group of online professionals (designers, programmers and writers) with years of experience in the legal industry. Thats more than most hedge funds. . To read one of the original complaints from 2019, click here. It is my belief after working with insurance agents for two decades that Im sure most didnt do any real research and just knew they could sell a lot of IULs and make extra money selling the structured payments as well. The list is updated frequently, so check . First let me say that a 6th grader doing a few minutes worth of research on the internet should have come to the conclusion that the person behind this structured payment company was someone who you would NOT want to do business with. Top Class Actions is a legal news source However, these life insurance policies differ from others because IUL policies grow according to the performance of a stock index. Phoenix law firm specializing in life insurance policyholders to have their cash value take part in the.! Rates, which allowed insurers to offer attractive guaranteed minimum interest rates, which allowed insurers offer. 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