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Sponsored by Lorman Education
Product ID: 407396EAU
 
Credit & Course Provided by:

Legal and Regulatory Status of the Life Settlements Industry

OnDemand Webinar (95 minutes)

Properly advise your clients with an understanding of the life insurance industry and federal legislation.This topic will provide you with a window into a little understood and sometimes controversial asset class which begins with the simple concept of the sale of a life insurance policy but which is overlaid with myriad complex state and federal legislation, rapidly developing case law and a constantly expanding market - domestic and international. You will be able to help your clients navigate through the treacherous waters swirling around in the industry, complete due diligence on the acquisition of a life insurance policy, and negotiate sale documents and other documents commonly used in the industry to close single and multiple policy sale transactions

Authors

Brian Casey, Locke Lord LLP Thomas D. Sherman, Locke Lord LLP

Agenda

What Is a Life Settlement and Why Would Someone Sell a Life Insurance Policy?

• History of Life Settlements, Starting With the First Cases Grigsby and Then AIDS Crisis

• How the Life Settlement Market Works Today; Secondary and Tertiary Transactions

• Amount of Sale Yields More Than the Cash Surrender Value

• Purchase and Sale Agreements, Origination Agreements, Life Settlement Providers, Life Settlement Brokers, Escrow Agents, Securities Intermediaries, Tracking and Policy Servicing Agreements

• Retained Death Benefit Transactions

• Long Term Care Legislation

• International Life Settlements - Canada/Europe - U.S. Insureds Are the Principal Market

• The Potential Size of the Market

Life Settlement Investment Funds

• Domestic U.S. - On-Shore

• Off-Shore

State Life Settlement Laws

• Number of States

• Two Model Laws

• Hybrid Statutes

• STOLI Amendments

Applicability of Securities Laws

• Federal - Primarily Fractional Interests in Death Benefits - Howey Supreme Court Decision - Investment Contract

• State - Enactment After the Life Partners D.C. Circuit Decision

• Investment Contract Approach and Specific State Statutes

Compliance With Privacy Laws

• GLBA

• HIPAA

Diligencing Life Insurance Policies

• Insurable Interest

• Stranger-Originated Life Insurance Litigation

• Cost of Insurance Increase Litigation

Income Taxation of Sales of and Investments in Life Insurance Policies

Crystal Ball - the Future