Stranger-Originated Life Insurance (STOLI)
Stranger-Originated Life
Insurance (STOLI) Hearing
The Office of Insurance
Regulation (Office) held a
public hearing August 28 on
Stranger-Originated Life
Insurance (STOLI) to give all
interested parties an
opportunity to voice their
issues and concerns on STOLI
arrangements. The
testimony and material submitted
at the hearing assisted the
Office in producing a report
entitled
Stranger-Originated Life
Insurance and the Use of
Fraudulent Activity to
Circumvent the Intent of
Florida's Insurable Interest Law,
which was released on February
5, 2009.
Additionally, Florida's Deputy Insurance Commissioner for
Life and Health, Mary Beth Senkewicz, testified before the
Senate Special Committee on Aging in Washington, D.C. on
April 29, 2009. A
video of
the hearing, entitled Betting on Death in the Life
Settlement Market - What's at Stake for Seniors?, and a
copy of the
testimony are available for viewing.
These STOLI arrangements have
gained attention because,
generally, a party purchasing
life insurance must have an
?insurable interest? in the
person being insured. For
example, a person has an
insurable interest in his or her
spouse.
In a STOLI transaction,
however, a person with no
insurable interest (a stranger)
in another persuades the other
person to obtain life insurance
with the understanding that
after a certain time (usually
two years) the insured will sell
the policy to the stranger.
These arrangements circumvent
public policy requirements
behind insurable interest laws.
The Office is now in the process
of assessing whether those
arrangements require specific
regulation, and, if so, what are
possible next steps for
regulating such arrangements in
Florida.
If you feel that you have been victimized by a STOLI
transaction, please contact the Office?s Deputy General
Counsel, Susan Dawson, at (850) 413-4195 or
susan.dawson@floir.com.
Video of hearing (Part 1,
Part 2 and
Part 3).
The links below are to documents provided for the record of that hearing.
-
Cantor Fitzgerald
- Chapter
2008-36
-
Institutional Life Markets Association _ ILMA
-
Life Insurance
Settlement Association (9/3/2008)
-
Life Insurance Settlement Association (8/28/2008)
-
Life Settlement Solutions, Inc.
-
Mass Mutual Finance Group
-
RMJ R Marshall Jones, Inc.
-
American Council of Life Insurers - Answers to Difficult Questions on STOLI
-
Testimony of Robert Rubin, CLU, ChFC, Florida State Chairman, Association of
Advanced Life Underwriting
- Bricker &
Eckler LLP, June 2008 Insurance, Banks & Financial Services Bulletin -
Ohio?s Anti-STOLI Legislation
-
ILLICIT LIFE INSURANCE SETTLEMENTS by Michael Lovendusky, American Council
of Life Insurers
-
Estate Planning, July 2008 Volume 33/Number 7 - "Free" Insurance: Risks and
Costs of Non-Recourse Premium Financing By R. Marshal Jones, Stephan R.
Leimbert, and Lawrence J. Rybka, Attorneys
-
Testimony of Lawrence J. Rybka JD, CFP, President & CEO, Valmark Securities,
Inc., to the House Insurance Subcommittee Regarding Ohio House Bill 404 on
December 18, 2007
-
Testimony Supporting Ohio House Bill 404 by J. Bruce Ferguson, American
Council of Life Insurers, before the State of Ohio House Insurance
Committee, Represenative Bill Batchelder, Chairman
-
Testimony of Mary Jo Hudson, Director, Ohio Department of Insurance, before
the House Insurance Committee on January 15, 2008
-
Deterring Stranger-Originated Life Insurance: Two New Model Life Settlements
Acts by Kenneth W. Kingma and Stephan R. Leimberg
- "Free"
Insurance: Some Things I'd Tell My Mother by Stephan R. Leimberg
- CFC of
Delaware II LLC