June 1, 2004 Edition
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AXA/MONY DEAL DONE – After an eight-month battle with their suitors, MONY shareholders have finally approved the $1.5 billion sale to AXA. About 53% of the shareholders voted for the sale to the giant French insurer. However, about 17% of the shareholders will take their chances in court to seek more than the $31 per share offered by AXA. 

GENWORTH COMPLETES YEAR'S LARGEST IPO – With very little fanfare Genworth Financial, a GE life and mortgage insurance unit, completed its initial public offering for $2.83 billion. Earlier estimates had been as high as $3.34 billion. The much ballyhooed Google deal is only expected to generate about $2.7 billion...but the insurance business isn't a Google. 

MEDICAL LIABILITY REFORM BILL - The Coalition for Affordable and Reliable Health Care (CARH) applauded the House for passing a medical malpractice liability reform package as part of its "Cover the Uninsured Week" activity and challenged the Senate to override opposition to similar legislation. More at http://www.carh.net

JUST A MATTER OF TIME - A class action lawsuit has been filed against Mutual Benefits Corp., the Florida viatical and life settlement company recently shut down by the SEC.  The suit is "on behalf of all persons who purchased viatical or life settlement contracts or otherwise invested through Mutual Benefits Corporation during the period from late 1994 through the present" and "alleges that since 1994, defendants have operated or aided and abetted a billion dollar Ponzi scheme and defrauded at least 29,000 investors -- many of whom are retirees -- by issuing a series of material and misleading omissions and false statements, breaching escrow agreements and breaching their fiduciary trust to investors."

MORE SEC/SPITZER NOTICES – More insurance companies have been notified about SEC and New York State investigations for security violations...some new insurance companies "in the barrel" include General American, Chubb and Hartford. Also, add Vanguard and Wellington Management to the fund and investment advisors now under scrutiny.

TRENDS IN DRUG PRICES – According to a report by the AARP Public Policy Institute, the cost of the roughly 200 brand name prescription drugs most widely used by Americans age 50+ increased by an average annual price of 6.0% from 2000 to 2003, compared to an average annual general inflation rate of 2.5%.  More information is available here.

BANKS WARNED - Federal regulators have warned big banks and securities firms about engaging in complex, Enron-type deals that may have specialized legal, tax or accounting goals. This follows last year's fines of $120 million handed out to Citigroup and $135 million to J.P. Morgan Chase.

LIFE APPS STEADY IN APRIL - April applications for life insurance in the U.S. stayed even with applications submitted during the same period a year ago. Applications among individuals age 60 and older, however, grew 6.9% while applications among those age 45-59 slipped 0.4%, and applications among individuals age 0-44 dropped 1%. 

MORE THAN $15 BILLION LOST ANNUALLY - According to a report by the Quality Planning Corporation, about $15 billion in revenues was lost by auto insurance companies in 2003 due to auto premium rating errors.  For more on the report, go here.
 

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BISYS TROUBLES – A Connecticut law firm has begun an investigation into the restatement of BISYS' results for the years 2001, 2002, 2003 and 2004. Stock in the mega-insurance brokerage and financial services firm dropped about 10% after it announced that a write-down of the commissions receivable at its life insurance business was insufficient. In the meantime, another law firm wasted no time in investigating and filed a class action lawsuit on behalf of those shareholders who purchased stock from 2000 to 2004. The complaint charges that BISYS, Lynn J. Mangum, Russell P. Fradin, James L. Fox and Kevin Dell violated SEC rules by issuing a series of material misrepresentations to the market about its financial condition, thereby artificially inflating the price of BISYS stock.

HMO COSTS, TRUTH OR FICTION – According to the Commonwealth Fund, a new law allowing HMOs to bid for Medicare business will cost the government $2.75 billion more than a fully government-run program. "If there is a bottom line, it is that there is $2.7 billion that is being used to benefit roughly 5 million of 40 million Medicare members," said Brian Biles, professor of health policy at George Washington University, an author of the study. "It's a question of efficiency and of equity."

SPITZER SUES GRASSO – After collecting $1.3 million from Frank Ashen, a former NYSE VP who was a key architect of Richard Grasso's compensation, New York Attorney General Eliot Spitzer is going after the big fish. The suit asks for the return of at least $100 million from Grasso's controversial $188.5 million pay package.  Mr. Grasso claims the lawsuit "smacks of politics" and has said he will file a countersuit for pay still owed him, as well as seek damages from interim NYSE Chairman John Reed. 

LARGEST FINE EVER - Citigroup has agreed to pay $70 million to settle allegations that it violated federal fair-lending laws and attempted to mislead bank examiners, the largest fine ever imposed by the Federal Reserve in a consumer law compliance case.  The settlement also requires Citigroup to pay restitution to some recipients of home mortgage and subprime personal loans made in 2000 and 2001. 

HEALTH INSURANCE FRAUD – The NAIC has proposed a 10-point plan to Congress that would help to fight health insurance fraud.  The recommendations range from increased regulation to criminal penalties.

AMERICAN EXPRESS, NATIONWIDE FINED – The NASD has fined American Express $175,000 for failure to supervise after it was discovered that a former representative took $124,900 from a customer's variable annuity account. Nationwide was censured and fined $475,000 for inadequate record keeping, failure to adequately disclose information about variable annuities in advertising and sales literature and allowing representatives to sell variable annuities without obtaining such "critical" information as ages, incomes, net worth, risk tolerance, etc. from customers.

WELLS FARGO BUYS STRONG - Less than a week after Strong Financial and its founder and main owner, Richard Strong, agreed to a $175 million settlement in a securities fraud case, Wells Fargo has agreed to buy about $34 billion of Strong's assets. The deal is said to be worth about $500 million.

UNITEDHEALTH STARTS EUROPEAN HEALTH COMPANY - UnitedHealth will establish a new European company to serve European public health systems. The new company's mission is to support public health systems in their efforts to improve patient care. Working in partnership with health agencies, clinicians and patients, the new company will develop innovative tools and services to support the provision of care. Of note, one of the new company executives is Lois Quam, a UnitedHealth executive "with an accomplished record in public service, having led public bodies advocating for universal health care in the United States." 

SWISS RE CFO SUES CLUB - Mitchell Blaser, Chief Financial Officer of the Americas division of Swiss Re, has sued a New York "gentleman's club" after it charged him $28,000 for a night of partying. Of course, the club says it has signed receipts for five magnums of 1990 Krug Clos du Mesnil, for $3,200 each, $7,000 for lap dances and more. Makes you wonder who's "watching the store," doesn't it? 
 



 
 
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LONG-TERM CARE NEEDED – No surprise here. The second annual Index of Long-Term Care Uninsureds indicates that 85% of Americans over 45 are uninsured against the rising costs of long-term care services. These individuals do not have either public or private long-term care insurance coverage, creating a grave concern for our nation as baby boomers and older Americans prepare for and enter into retirement. 

AHPS - The House approved a Republican bill to create Association Health Plan (AHP) insurance pools for small businesses, but the bill faces significant opposition in the Senate. The bill is opposed by the National Governors Association, but supported the U.S. Chamber of Commerce and other business groups.

INTERNATIONAL SAVING PROBLEM – It is not just we Americans who are behind the curve when it comes to saving for retirement. Experts see an estimated 27 billion pound gap between what Britons save and what they need for an adequate retirement income (that's in excess of 50 billion dollars at today's exchange rate). 

BIG LIFE BUYERS - Chicago, Los Angeles and New York led the nation in life insurance sales in 2003, both in the number of new policies sold and the total amount of premium paid, according to LIMRA International's 2003 MarketMap report. In number of policies, Chicago led with 312,600, followed by New York at 288,200 and Los Angeles-Long Beach at 251,100. New York led in total premium at $542.1 million, followed by Los Angeles-Long Beach at $469.4 million and Chicago at $464.5 million. The leading states for number of policies sold were California, Texas and Florida, and for premiums, California, Texas and New York. 

COMPLIANCE COSTS - The cost of complying with Sarbanes-Oxley is continuing to rise. A survey by the law firm of Foley and Lardner shows that the cost to small to medium sized companies is up 130%...from $1.24 million post Sarbanes-Oxley to $2.86 million. Too bad the law was deemed necessary.

COMPLIANCE HELP - The IRS has checklists that small businesses can use to make sure their retirement plans comply with the law.  The checklists are available here

VARIABLE ANNUITY SALES - Record breaking first quarter 2004 variable annuity sales of $34.4 billion (up 16.3% increase over sales from first quarter 2003), coupled with a significant rise in equity valuations, has returned profitability to the variable annuity product line. Here are the leading companies according to VARDS: Hartford, TIAA-CREF, MetLife/NEF/Gen Am/MLI, Equitable Life, AIG/SunAmerica/VALIC, Pacific Life, ING, Prudential/American Skandia, Lincoln National, and Manulife. Details at http://www.finetre.com

BASE AND RIDER RETURNS – Old timers in the insurance business should get a kick out of Prudential's new one-page consumer educational piece. The approach, the first in a series entitled Life...Making it Happen, introduces the notion that people can afford to take care of both their temporary needs and their long-range protection needs on today's budget using "a balanced solution that blends term and permanent life insurance." 

REVERSE MORTGAGES - A new federal regulation is expected to save elderly homeowners thousands of dollars by trimming costly upfront insurance premiums paid for reverse-mortgage refinancings, according to RealEstateJournal.com. Reverse mortgages allow homeowners who are at least 62 years old to borrow from their home equity. The amount that can be borrowed depends on interest rates, the age of the homeowner(s), available equity and the home's value. About 13.2 million households could qualify for an average of $72,128 apiece in reverse-mortgage loans. 

BENEFITS DEBIT CARD – Look for more of this. Evolution Benefits and BenefitPoint have hooked up to market a flexible spending, health reimbursement and transportation management debit card to brokers and consultants. The "Benny" card provides employees with convenient access to their benefits funds. 

CONCERN OVER HEALTH-CARE COSTS HIGH - Health insurance, liability insurance and workers' compensation are the top three problems facing America's small-business owners, according to a study by NFIB Research and Wells Fargo. While "health-care costs" retained the same top ranking that it has held since 1986, the number of respondents citing the issue as "critical" (the most severe rating possible), spiked dramatically. In 2000, 47 percent of those surveyed cited health-care costs as a "critical" problem. In 2004, two-thirds of respondents listed health-care costs as a "critical" problem, an 18 percentage-point increase over a four-year period. 

HAND THEM OVER! – The Pentagon wants the IRS to hand over current address information for over 50,000 reservists who are eligible to be recalled to active duty.  While IRS files are usually kept private, Treasury is reported to support the idea.

SAUDI ARABIA TO PRIVATIZE INSURANCE - Saudi Arabia has moved to privatize the kingdom's insurance business by offering to sell 50% of the National Company for Cooperative Insurance. Seems like a risky business to us.



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