SET FOR PASSAGE? - By all accounts, the financial services
modernization legislation looks "good to go." House and
Senate conferees worked out differences on community
investment requirements and the President has promised to
sign the bill. The only possible "bump in the road" remains
privacy issues. It was reported on Friday that efforts by
some Republican lawmakers to weaken the bill's prohibition
against sharing customer data with outside firms has delayed
final action. Assuming the legislation does become law,
here are some of the expected outcomes and predictions we've
come across:
- The bill contains a provision allowing insurance agents to
become licensed at the federal level if most states have not
agreed to honor other state licenses within five years; in
apparent reaction, the NAIC is expediting the development of
its uniform agent licensing model act.
- ACLI CEO Carroll Campbell praised Congress and stated that
"this bill will strike down barriers separating the
insurance, banking, and securities industries that have
existed since the Great Depression, allow us to compete with
one another on a level playing field, and allow the
formation of diversified financial service firms that can
provide a wider array of products and services to
customers."
- Some predict the financial service reform bill's biggest
impact is likely to be on life insurers, whose steady
business of taking in deposits and investing them is
attractive to banks, which are also eager to gain access to
new customers. The bill is likely to result in an increase
in the pace of industry mergers, particularly in insurance.
- While financial services reform should make things easier
for banks to sell insurance, they will no longer be able to
use the Barnett decision to challenge state restrictions and
can create new restrictions. This may be a problem, but The
Association of Banks-in-Insurance calls the provision
necessary for compromise.
- Moody's predicts the changing competitive environment and
consumer demographics, as well as the arrival of other
financial services companies, could present long-term
trouble for insurers. These companies, which have expertise
in marketing, brand management and technology, could be a
serious threat to life insurance agencies. Their
recommendation? Insurers who merge and acquire could
survive.
- Despite the reform bill hoopla and predictions of only 50
insurance companies remaining in the near future, the
American Banker reports that many banks have failed in their
efforts to sell life insurance. This is especially true in
the emerging affluent middle-class market. But don't look
for the banks to give up...LIMRA sees a future, but it will
take time and patience.
MET SETTLEMENT BLASTED - Back in August, MetLife announced a
proposed $1.77 billion settlement over deceptive sales
practices. The problem is that the settlement offers mostly
free insurance to 6 million life insurance policyholders and
1 million annuity owners who purchased from MetLife between
1982 and 1997, and getting more insurance from a company
they feel deceived them isn't making some of the
policyholders too happy. One of the law firms representing
the policyholders is defending the settlement as
"extraordinary." Of course, the lawyers stand to take home
in the neighborhood of $122 million, and that's in cash, not
free insurance.
NAILBA - Don't forget that the National Association of
Independent Life Brokerage Agencies (NAILBA) annual
convention will be held in Beverly Hills at the Century Plaza November
4-7. If it is too late to attend, check out live coverage of
the event from Broker News Online at http://www.brokernews-online.com. We believe this to be an industry first.
HIGH-TECH TURN - Dow Jones & Co. announced last week that it
will add Microsoft, Intel, SBC Communications and Home Depot
to the Dow Jones industrial average, the world's most
closely-watched index of blue-chip stocks. Reflecting the
economy's momentous shift to technology, the four new
additions are replacing four "old-line" Dow components:
Sears, Chevron, Goodyear and Union Carbide. In addition,
for the first time since its inception in 1896, the Dow will
now include stocks not listed on the New York Stock Exchange
(Microsoft and Intel trade on the Nasdaq stock exchange).
"BEAT THE STREET" - Aetna announced that its 3rd quarter
earnings jumped 32% from a year earlier, easily surpassing
Wall Street predictions. The company's stock, however, was
down, at least partly due to an SEC investigation of the
company's accounting for recent acquisitions, including its
$1 billion purchase of Prudential Healthcare. The company
also announced that it was granted approval by the Office of
Thrift Supervision to organize a federal savings bank to
offer trust services to clients.
THE TROUBLE WITH LTC - The courts gave tentative approval to
a $14,700,000 settlement involving long-term care insurance.
The companies involved are Commonwealth Life and
Acceleration Life...appropriately named since some
policyholders saw their premiums rise 629% in ten years,
topping out at more than $8,000 per year. We told you LTC
could be dangerous!
THE FUTURE OF HEALTHCARE FINANCING? - There appears to be a
growing trend toward healthcare reform that would grant each
American a tax credit to be used to help pay for health
insurance they select. This concept seems to be gaining
support on both sides of the political spectrum, as well as
among businesses. Many businesses are growing weary of
being in the middle...footing much of the bill for
employee's health insurance, and yet being on the receiving
end of employees' displeasure with the coverage provided.
The AMA has now come out with a similar proposal, published
in a recent issue of The New England Journal of Medicine.
BURIAL VALUE - A class-action lawsuit has been filed in
Florida against American General Life & Accident Insurance
Company, alleging unconscionable insurance practices in the
sale of burial life insurance policies. The complaint claims
AGLA has taken advantage of the poor and minorities by
selling overpriced and inferior life insurance in the form
of burial insurance. Florida Insurance Commissioner Bill
Nelson supported legislation that would have required burial
insurance companies to inform their policyholders of the
total amount they have paid in premiums. While this
legislation was opposed by the insurance industry and was
defeated in the legislature, we don't believe this problem
will go away anytime soon.
SCARY - According to a survey conducted by the Consumer
Federation of America, a large number of Americans exhibit
what amounts to financial ignorance. A majority of low- to
middle-income Americans feel they have a better chance of
winning a lottery than of saving and investing enough to
accumulate $500,000 over a lifetime. Excluding the value of
their homes, half of the nation's households have
accumulated less than $1,000 in net financial assets and
millions of Americans are spending as much as they make (if
not more). Not surprisingly, family wealth is closely
associated with family income, but because they don't
appreciate the value of investing, many low- to middle-
income Americans aren't taking advantage of the widely
available ways to accumulate wealth.
AS WE PREDICTED - Lawsuits over selling practices and
interest crediting may soon be the new "litigators'
landslide." A U.S. district court has decided to allow a
class-action lawsuit involving LifeUSA, saying there is
"enough evidence that the defendant misrepresented the terms
and conditions of the annuity contracts, their interest and
payout rates and procedures both prior to their formation
and following the plaintiffs' purchase to warrant the
submission of these claims to the jury." LifeUSA had argued
that the agents who sold the annuity policies were acting as
agents of the insureds, not of the company and, therefore,
the company was not liable.
HEADACHES CONTINUE - Still dealing with the fallout from the
$1.2 billion class action suit it lost in October, State
Farm now faces another public relations headache. On
Friday, a group of current and former State Farm agents
gathered at the National Press Club Building in Washington
and called on Congress to investigate the company, charging
that State Farm discriminates against minorities and abuses
both policyholders and agents. The company denied the
allegations, saying they came from "a cadre of disgruntled
current and former agents, some of whom are involved in
litigation" against the company.
BEST DEAL - A.M. Best Co. is now providing its Best's
Ratings and insurer profiles on the Internet for free. You
can also purchase a more comprehensive "Best's Company
Report." The company report contains the same information
found in the Best's Insurance Reports publications. Check it
out at http://www.ambest.com. Duff & Phelps Credit Rating
Co. (DCR) also announced that its ratings and insurance
claims paying ability-related research is being made
available, free-of-charge, on its Web site,
http://www.dcrco.com.
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