Economic Damage Models Commonly Used in Life Insurance Policy Litigation

TASA ID: 22346

When contesting the sale of a life insurance policy, the Plaintiff will typically seek economic damages for the alleged unsuitable nature of the policy sold. Two of the most prevalent economic damage models used in these types of litigation are the "alternative investment" and the "expectation" models. In the past, I have opined on economic damages regarding life insurance policies and found these models share common characteristics but often yield dramatically different results.

When Permanent Isn't Enough:

Why Many "Permanent" Policies Have Shorter Life Expectancies Than Those They Protect

TASA ID: 22346


Many life insurance policies are underperforming original projections and are forecasted to terminatesooner than anticipated.1 This may come as a surprise to many policyowners since 70% of inforce policies have not been reviewed in the past five years.2 With the extended ultra-low interest rate environment, even policies labeled as “permanent” may be at risk. Advisors can provide value and security to their clients by being aware of this situation and offering assistance in reviewing inforce policies to prevent surprises. Rest assured, life insurance is not rocket science and understanding the basics will take you a long way in helping your clients make sound decisions.


TASA ID: 3656

Politicians speak of health care and most individuals think of health care in terms of whether or not they have health insurance. Hence there is heightened panic expressed in the news media about the recent removal of the individual and employee mandates and the anticipated millions of additional people without health insurance. The message generated is that all those people will be without health care.

Trump-ing Health Care "Reform"

TASA ID: 1604

Trying to plan a response to health care reform these days is like telling a man on fire to find water. Most agents are reeling after being slaughtered on individual and small group commission reductions during a time when the process of ensuring people became 10 times more difficult with mandates, changing plans/networks, tax credits and penalties. President-elect Trump has stated that he intends to repeal, at least in part, The Patient Protection and Affordable Care Act (ACA or Obamacare) enacted in 2010 by President Obama. Estimating what the new president will approve, or at least support, is a bit easier knowing that one political party, the Republicans, control the whole enchilada, and can essentially approve, cancel or choose not to enforce selected provisions of the law. Speaker of the House Paul Ryan has shed a little light in public comments on the issue, but details have not been provided. The central question on everyone’s mind is, “What provisions will change in 2017?” The blank-eyed mantra is “repeal and delay.” That oxymoron speaks for itself.


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