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.
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