National Council of Insurance Legislators Condemns Life Insurers Life Settlement-Like Transactions

Locke Lord LLP

At the recent Summer 2022 NCOIL Meeting held in Jersey City, New Jersey, the National Council of Insurance Legislators adopted a resolution admonishing certain life insurance carriers recent so-called “enhanced cash surrender value” transactions. In these transactions, a life insurance company offers to repurchase an in-force life insurance policy from its policy holder for a purchase price of excess of the policy’s net cash surrender value.  The life settlement industry has argued that life insurers engaged in these transactions are violating state insurance non-forfeiture laws and, in effect, acting as unlicensed life settlement providers and unlawfully competing with them.  A few state insurance departments have already fined certain insurers engaged in these transactions.

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