Financial advisors who choose not to submit cases directly to a settlement provider may opt to work
through a life settlement broker. Life settlement brokers are intermediaries who bring together
policyowners who wish to sell a policy and providers seeking to purchase them. Brokers, in exchange for
a fee, will shop a policy to multiple providers, much as a real estate broker solicits multiple offers
for one’s home. While it is the broker's duty to collect bids, it is still incumbent on the advisor to
help the client evaluate the offers against a number of criteria including offer price, stability of
funding, privacy provisions, net yield after commissions, and more. Compensation arrangements vary
significantly and should be fully disclosed and understood to determine if engaging a broker will
benefit the client. In many states, brokers must be licensed to do business in that state.
Investors / Risk takers
Life settlement investors are known as financing entities because they are providing the capital or
financing for life settlement transactions (the purchase of a life insurance policy). Life settlement
investors may use their own capital to purchase the policies or may raise the capital from a wide range
of investors through a variety of structures. The life settlement provider is the entity that enters
into the transaction with the policyowner and pays the policyowner when the life settlement transaction
closes. In most cases, the life settlement provider has a written agreement with the life settlement
investor to provide the life settlement provider with the funds needed to acquire the policy. In this
scenario, the life settlement investor is effectively the ultimate funder of the secondary market
transaction. However, in some life settlement transactions, the life settlement provider is also the
investor; the provider uses its own capital to purchase the policy for its own portfolio.
Life settlement investments are not typically suitable for individual investors. Risks are associated
with life settlement investments that individual investors may not recognize and that unscrupulous
promoters may misrepresent or fail to disclose. For example, funds invested in life settlement
investments are usually not accessible on the demand of the investor, as are investments in many other
types of securities, such as mutual funds. These factors and others render this type of investment
unsuitable for the financial needs and interests of the average individual investor. For this reason,
the norm today, especially among reputable life settlement providers, is to obtain capital only from
life settlement investors who are established and credible institutional sources of capital rather than
individual sources of capital.
In most cases, a life settlement investor must be a qualified institutional buyer as defined in the
federal Securities Act of 1933. A qualified institutional buyer (QIB) is defined under Regulation D,
Rule 144A as an entity owning and investing large amounts of securities, with the threshold ranging from
$10 million to $100 million of securities not affiliated with the entity and dependent on the type of
entity. QIBs are eligible to participate in a restricted investment market known as the "Rule 144A
market" that is not available to the public because the issuer of the securities has chosen not to make
the required public disclosures or to register the securities. The purpose of the qualified
institutional buyer requirement in life settlements is to prevent unsophisticated or undercapitalized
investors from participating in—and potentially being harmed by—complicated life settlement
transactions.
Financial institutions meet the qualified institutional buyer test and are therefore suitable life
settlement purchasers. In addition, institutions have teams of experienced investment analysts and are
experts at managing investment risk; they can impose a “corporate governance” discipline on the life
settlement transaction process intended to minimize questionable market practices; and institutional
funding provides a high degree of consumer protection with regard to privacy and confidentiality (a
policyowner’s or insured’s personal information should never be in the hands of an individual investor.)
Other Involved Parties
Underwriters/Life Expectancy Providers - Provide life expectancy estimates on the insured for pricing
purposes. There are four major life expectancy providers, namely 21st Services, AVS, Fasano, and ISC
Services.
Some underwriters provide unreasonably short life expectancies by using base tables that are 5 years out
of date, ignoring future mortality improvements & current treatments Eg Statins and basing life
expectancies on life manuals which are conservative for mortality and not longevity risk. Others apply
actuarial analysis to the most recent available data as well as their own experience to develop their
base tables and underwriting manuals.
Providers who do not provide short life expectancies are shunned by originators whom are primarily
remunerated for volume. Providing more reasonable life expectancies does not inflate the apparent value
in these insurance policies. This results in fewer cases being written and less support from
originators.
There are no experience studies publically available which support the accuracy of any of the major life
settlements underwriters
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