FINANCIAL E-NEWS from Financial Services Online (http://www.fsonline.com)

July 1st, 1999 Edition


The AnnuityMasters

National Life of Vermont
National Life of Vermont


BrokerNews Online



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Industry News

ON THE LEGAL FRONT - Several interesting lawsuits that may have far-reaching consequences for the insurance industry have come to our attention. In both cases, commission levels are an issue.

The first suit, which involves corporate-owned life insurance (COLI), was brought by the Public Service Company of New Mexico against Kidder Peabody, four insurance companies (Connecticut Mutual/Mass Mutual, General American, Equitable, New England Life/Met) and several individuals. The utility is charging "material misrepresentation of fact" and failure "to disclose material facts" on a wide number of issues, including commission payments that were significantly higher than represented, use of computer illustrations not representative of the policies actually sold, failure to disclose that the policies purchased would not perform as represented (and that there were better policies on the market), failure to properly illustrate performance variables that affected the insurance program, and use of improperly licensed agents. The damages being requested by the utility are substantial.

The other lawsuits involve 403(b) annuities and were brought by the New York law firm of Milberg Weiss Bershad Hynes & Lerach, a law firm known for developing suits against insurers (e.g., "vanishing premium" suits). The lawsuits accuse several insurance companies (Nationwide, American Express, American United Life, SunAmerica) of "deceiving and defrauding consumers" by exposing them to unnecessarily high fees to cover commissions to agents in the sale of annuities for 403(b) tax-qualified plans. The suits also claim that using the tax-deferred aspect of annuities as "the primary justification for the extra layer of fees" is a sham, since any investment in a qualified plan is tax deferred. Certification as class actions is pending. Stay tuned...the focus appears to be on insurers with high fees/commissions and both MetLife and VALIC, both reportedly high-fee companies, have so far escaped similar suits.

AGENTS ONLINE - According to IVANS, the demand from agents for Internet access to company information is increasing. Citing Single Entry Multiple-Company Interface (SEMCI) as "very important," the recent IVANS survey indicated that 74% of the agencies polled had Internet access, with only 8% saying they had no plans for Internet access in the future.

NEW TWIST - In yet another new Y2K twist, Best's Review reports that many Americans who are dependent on prescription drugs are concerned that a Y2K computer glitch could cut them off from their medicines. As a result, patients want to receive extra refills before 1/1/2000, but health insurers are concerned about the impact that hoarding drugs could have on costs, as well as on the supply and delivery of pharmaceuticals.

"CFP LITE" - The CFP Board of Standards has given the rumored "CFP Lite" a real name...Associate CFP. Don't expect "CFP Heavy" designees to be thrilled. Many are concerned it will dilute the credibility of the CFP designation.

INDUSTRY UPS AND DOWNS - A recent study by Weiss Ratings, Inc. reports that the "net profits of U.S. life and health insurers fell from $25.6 billion in 1997 to $21.7 billion in 1998, representing a 15.5% drop that reverses three years of double- digit gains." Nearly all product lines experienced declining profits in 1998, with group health suffering an outright loss. Another finding: Insurance companies have boosted their total junk bond holdings to 39.7 cents in junk bonds per dollar of capital, up from 35 cents in 1997. Despite these findings, S&P is predicting a stable outlook for U.S. life insurers as a whole. The same isn't true for the U.S. P&C industry, which S&P tags with "a continued negative near-term outlook."

WILLIE SUTTON WAS WRONG - Apparently the money is really in insurance companies and charitable organizations. The FBI has "probable cause to believe" that Martin R. Frankel defrauded as much as $3 billion (yes, billion) from insurance companies and a religious charity. Mr. Frankel, a high-school dropout from Toledo, Ohio, was unavailable for comment at press time...his last big purchase was reported to be jet fuel.

STILL CLIMBING - According to ABR Information Research, both HMO and non-HMO health insurance premiums grew over 7% from May 1998 to May 1999.

WHICH BRINGS US TO - Maybe it's just us, but we think it's crazy to take a program with "precarious finances" (Medicare) and add a new benefit (prescription drugs) that is estimated to cost $118 billion in its first decade and to sharply escalate in cost after that. If budget surplus is available for health-care purposes, why not help the million of Americans without ANY health insurance purchase coverage through a tax credit or deduction?


DOUBLE YOUR INCOME AS A FINANCIAL ADVISOR -- Sell whatever insurance products you like and learn how to manage investments on a fee basis (without knowing everything about the stock market). The biggest producers are getting ALL of their clients' business, not just a piece of it. Shouldn't you do the same? Details on how at http://www.nfcom.com/promo.cgi/fpenews?h=fp.htm

NAME CHANGE CHANGE - The National Association of Life Underwriters (NALU) had previously announced that, pending member approval, it would change its name to the National Association of Insurance and Financial Professionals (NAIFP). That name change has now been changed to the National Association of Insurance and Financial Advisors (NAIFA). We sure like the new acronym better!

NASDAQ GOING PUBLIC - That's the word from NASD chairman Frank Zarb, who revealed plans to spin the Nasdaq stock market off from the rest of the NASD in an initial public offering as early as next year. IPO proceeds would be spent on technology in order to expand the electronic Nasdaq market around the world. The NASD has already announced plans to launch a version of its Nasdaq market in Japan (http://www.nasdaq-japan.com) and has also registered domain names for Nasdaq markets in Hong Kong, China, Brazil, India and Germany.

TEMPERATURE IS RISING - We reported concerns about LTC pricing in the 6/15 E-News. Now we've learned of two additional lawsuits filed in Florida and North Dakota over LTC premiums that have increased as much as 700%, even though the products were promoted as having level premiums. Regulators are also coming under fire for approving the sale of these plans that now appear to be underfunded.

DIRTY LAUNDRY - The Treasury and DEA are warning insurance companies that they may become the next target of money- laundering efforts by overseas drug lords. Insurers have been advised to be on the lookout for suspicious activities that include cash payments for insurance premiums, requests for "10- day free look" refunds and payments from abroad.

MEDICAL BIG BROTHER - Healthcare providers can now access the Web at Officemed.com and have eligibility data on over 86,000,000 insured Americans...for a fee, of course. Scary, huh?

WHILE WE'RE ON THE SUBJECT - Privacy issues have the potential to derail the H.R. 10 financial services legislation. Democrats want a privacy provision that would allow consumers to stop banks, brokerages and insurance companies from sharing their personal information with both affiliated and outside companies. Republicans would allow consumers to block the sale of personal data to outside companies, but not from sharing it with affiliated companies under the same parent corporation.

THE FIGHT IS ON - With the Justice Department's approval of Aetna's acquisition of Prudential HealthCare, the AMA has vowed to continue its fight against the merger, arguing that a monopoly would be created in some states that could hurt patient care. Speaking of monopolies, isn't that one of the primary concerns about doctors forming a union?

GOOD MORNING, VIETNAM - Manulife Financial and Allianz have become the first wholly foreign-owned life insurance companies to be allowed to do business in the Socialist Republic of Vietnam.


The AnnuityMasters

National Life of Vermont
National Life of Vermont


BrokerNews Online



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By visiting our sponsors you will help ensure that Financial E-News keeps coming to your emailbox free of charge!
Marketing/Tax Update

PIGS GET FED AND HOGS GET SLAUGHTERED - In the opinion of many experts, the greed factor is what led to IRS Notice 99-36, in which the IRS warns that charitable split dollar (CSD) plans "will not produce the tax benefits advertised by their promoters." The Notice goes on to warn that "promoters of these transactions, and taxpayers and organizations participating in them, may be subject to other adverse tax consequences, including penalties." What this means is that taxpayers involved in CSD plans will not receive a charitable tax deduction and the charities involved may face steep consequences, including penalties and potential loss of tax-exempt status. CSD promoters may also be subject to sanctions, and the fallout may not stop there. The IRS ruling is retroactive, affecting all in-force CSD plans. Don't be surprised if injured taxpayers and charities take legal action against insurance and legal advisors who promoted charitable split dollar plans.

GREAT MOVE - Progressive Auto Insurance and the Independent Insurance Agents of America (IIAA, aka "Big I") are launching a campaign to promote the value of agents in the sale of insurance. Watch for two 30-second ads ("The Meaning of Value" and "The Meaning of Service") to appear on the tube soon.

DOMAIN GAME - As you know, the American Society of CLU and ChFC is now the Society of Financial Service Professionals. Their URL is http://www.financialpro.org. We just received an unsolicited e-mail from http://www.financialpro.com, which purports to provide leads to financial planners. Beware: 1. It is not the Society; and 2. We are still not convinced that the Internet will generate substantial leads for producers.

FIRST TO REGULATE - Texas is the first state to pass legislation requiring licensing and regulations for companies providing "life settlements" (the purchase of life insurance coverage from people over age 70 who may or may not have health problems). The expectation is that other states will follow suit and enact similar legislation.

ANNUITY SALES - There are a lot of changes going on in the annuity arena. If you want to "stay up on your game" or really get into the annuity market, we suggest you take Walt Lineberger with AnnuityMasters up on his "crazy" offer! See http://www.fsonline.com/am for details.


DO YOU NEED LEADS? - Who doesn't! Check out ThinkDirectMarketing at http://www.fsonline.com/think. They have absolutely the best free search service on the Net. Use the full ZIP code search to get business and residential neighbors for referred leads. (See our tips on the site for ideas on how to use the free search.) We think so much of their full-service products (which cost only $195) that we have negotiated a 10% discount for all E-News subscribers. Check it out today!

COMPLIANCE SUGGESTION - On the heels of Jack Bobo's article, "A Rule Too Far," in the April 26 edition of National Underwriter, agent Kevin McEvilly wrote to NU, agreeing with Bobo's position and the belief that the real problem is at the top and related to "variable contract projections." We agree. Kevin's solution: Bold-faced caveats on every page of every proposal, clearly stating: DIVIDENDS ARE NOT GUARANTEED...or...FUNDING BELOW MINIMUMS MAY CAUSE LAPSE BEFORE MATURITY...or even...RELYING ON CURRENT ILLUSTRATION INTEREST RATES IS DANGEROUS!

GROUP HEALTH INSURANCE ONLINE - Centerstone Insurance and Financial Services has changed its name to BenefitMall.com (http://www.benefitmall.com) and begun an aggressive expansion of its online services. Group health brokers can get multi-carrier quotes from up to 41 carriers via the Internet and e-mail.

TRAVEL INSURANCE - The Big I (IIAA) has confirmed what most agents already know. Many travelers are bringing "excess baggage" on their trips...in the form of unneeded insurance. For the most part, the travel-related insurance products are already covered by personal insurance. Consider avoiding these coverages: supplemental personal property coverage, flight life insurance and car rental insurance. However, do consider trip cancellation coverage.

INTERNET INSURANCE SURVEY - Booz-Allen & Hamilton has completed its third annual Internet Insurance Survey and the results show the majority of insurance companies well behind their financial services competition (banks and brokerages). While many companies say their corporate and Internet strategies are directly linked, over 50% of them are spending less than $500,000 per year on Internet capabilities. The reasons: 1. Product complexity and regulation; 2. A continuing struggle with the cost and complexity of implementing Internet sales capabilities; and 3. Reluctance to offer online sales capabilities that might be perceived as an "end run" around agents or brokers. The study appears to focus almost exclusively on direct online selling of insurance products and very little on the agent and customer service functions that many feel represent the real potential advantage of the Internet to insurance companies.

POUNDS - A BBC report says that Britons "are sitting on 30 billion pounds of unclaimed assets." A subsequent report by CNN indicates that Americans "are sitting on approximately 30 billion unwanted pounds." Could there be a connection?


  
 
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