Stranger-Originated Life Insurance (STOLI)
Welcome to the
Office of Insurance Regulation
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