Close Menu
    What's Hot

    Lighthouse Life Announces Acquisition of ClearLife Limited

    24 June 2025

    Competitive Pension Risk Transfer Cost Decreases During May

    23 June 2025

    Just Group Inks Two More Bulk Purchase Annuity Buy-Ins

    23 June 2025
    Facebook X (Twitter) Instagram
    Instagram LinkedIn X (Twitter)
    Life Risk News
    • Home
    • Features

      Both Demand and Supply Factors Contribute to Rare Secondary Market Pullback in 2024

      12 June 2025

      Funded Reinsurance Under Scrutiny But Should Remain a Feature of the UK Pension risk Transfer Market

      12 June 2025

      Plenty of Guardrails for US Life Insurers Backing Group Annuities With Private Assets

      12 June 2025

      Liver Disease Mortality in England Continues to Worsen but General Mortality Still on a Post-Covid Downward Trend

      12 June 2025

      Q&A: Matthew Sheridan, Health Data Analytics

      12 June 2025
    • Commentary

      Life Expectancy in Breast Cancer

      12 June 2025

      The Healthy Wealthy Population of the Life Settlement Market

      12 June 2025

      UK Life Insurers to Benefit from Robust Bulk Annuity Market in 2025

      14 May 2025

      The Power of Uncorrelated Diversification During Market Volatility

      14 May 2025

      Overseeing BPA Growth Safely

      14 May 2025
    • Events
    • Magazine
    • News

      Lighthouse Life Announces Acquisition of ClearLife Limited

      24 June 2025

      Competitive Pension Risk Transfer Cost Decreases During May

      23 June 2025

      Just Group Inks Two More Bulk Purchase Annuity Buy-Ins

      23 June 2025

      Global Equity Release/Reverse Mortgage Primary Market on Track To Hit $56bn by 2035

      18 June 2025

      US Annuity Sales Exceed $106bn in First Quarter Results

      18 June 2025
    Subscribe
    Life Risk News
    Home » Arizona Supreme Court Decision a Win for Life Settlement Industry

    Arizona Supreme Court Decision a Win for Life Settlement Industry

    Features 10 August 2023Greg WintertonBy Greg Winterton
    Twitter LinkedIn Email
    Share
    Twitter LinkedIn Email

    The life settlement market enjoyed a ‘win’ on July 27; the Supreme Court of Arizona answered “No” to the question: “Does Arizona law permit an insurer to challenge the validity of a life insurance policy based on a lack of insurable interest after the expiration of the two-year contestability period required by A.R.S. § 20-1204?” 

    The case is the latest of many legal contests between life insurance companies and life settlements investors on the topic of insurable interest; the former, in this case, Columbus Life Insurance Company filed suit in Arizona, claiming that a life insurance policy on Howard Peterson, who died in January 2018, and Eunice Peterson, who died in May 2020, was issued without the required insurable interest. Columbus Life claimed the policy was void because it lacked an insurable interest, and therefore the contract and the two-year contestability period (the period in which a life insurance policy in the US cannot be sold or transferred) never existed, thus it was not obligated to pay the death benefit to the securities intermediary, which represented the interest of the investor. 

    “The result is an important victory for the life settlement industry. Incontestability statutes have been ubiquitous in the US for a hundred years but remain a frequent subject of litigation – particularly in recent years, as insurers have argued for an “insurable interest exception” that would permit them to challenge even policies that have been in force for decades,” said Jule Rousseau, a Partner at law firm ArentFox Schiff, which advised the securities intermediary Wilmington Trust in the case.  

    “The Arizona Supreme Court has definitively rejected these arguments and made clear that Arizona’s incontestability statute prohibits insurers from challenging policies for lack of insurable interest after the contestability period has passed,” Rousseau added. 

    A spokesperson for Western & Southern Financial Group, owner of Columbus Life Insurance Company, wrote in an emailed statement to Life Risk News, “While we are disappointed in the court’s ruling, we do not otherwise comment on pending litigation.” 

    Institutional investors that have allocations to the life settlement asset class benefit as their asset managers’ exposure to policies issued in Arizona now face lower legal risk. Indeed, the Arizona Supreme Court ruling brings the state in line with other states, such as New York, Florida, and Michigan, which have already ruled in similar cases. But that’s not always the case. 

    “Courts have routinely enforced incontestability in all cases except insurable interest and some odd imposter cases for years. Thus, the concept is widely recognised, yet the insurer argument that a policy that was issued without requisite insurable interest was void and thus not subject to a contractual obligation of incontestability has been accepted in some states,” said Rousseau. 

    But New Jersey and Delaware are two states that have heard similar cases and ruled against the life settlement investor and/or securities intermediary. The lack of uniformity at the state level brings into focus the risk management function of a life settlements asset manager, namely that the regulatory environment in the life settlement market is a risk that needs to be managed by a life settlements portfolio manager, just like other risks they are exposed to, such as valuation risk, longevity risk and Cost of Insurance risk (another risk where lawsuits have occurred). Buying policies of insureds in states which have ruled in favour of the life settlement market, like New York, Florida, Michigan, and now Arizona, whilst reducing exposure to policies of insureds in New Jersey and Delaware, for example, on the face of it is a risk mitigation exercise that would seem to make sense. Other states have ruled in favour, making this risk less of a concern. 

    “Most states in the US have already heard similar cases, in particular, the larger, more populous states,” said Rousseau. “The legal risk from the perspective of the contestability of insurers when it comes to insurable interest is there in some states, but low overall.” 

    The ruling isn’t just a win for the life settlement market, however. The individual insureds also benefit, because if carriers are precluded from later challenges, the reduction of risk to life settlement investors should lead to a better market for sellers/viators. The life settlement industry generally touts itself as being a ‘consumer good’, because the insured receives more from a life settlement transaction that it would from the cash surrender value from the carrier – and so the ruling means that the Arizona resident can rest assured that their policies will be more tenable in the market. 

    “This is undoubtedly a win for the consumer as well,” said Rousseau. “Insurers in many states have argued for an “insurable interest exception” that would permit them to challenge even policies that have been in force for decades. States that permit challenges years after a policy was issued cause life settlement investors to tread more cautiously in those states, reducing the likelihood of a transaction occurring. Arizona residents should have more confidence that investors find the state an attractive place to do business.”  

    2023 - August Equity Release / Reverse Mortgages Life Settlements Volume 2 Issue 8 - August 2023
    Share. Twitter LinkedIn Email

    Related Posts

    Both Demand and Supply Factors Contribute to Rare Secondary Market Pullback in 2024

    12 June 2025

    Funded Reinsurance Under Scrutiny But Should Remain a Feature of the UK Pension risk Transfer Market

    12 June 2025

    Plenty of Guardrails for US Life Insurers Backing Group Annuities With Private Assets

    12 June 2025

    Liver Disease Mortality in England Continues to Worsen but General Mortality Still on a Post-Covid Downward Trend

    12 June 2025

    Comments are closed.

    Most Popular

    Both Demand and Supply Factors Contribute to Rare Secondary Market Pullback in 2024

    12 June 2025

    Funded Reinsurance Under Scrutiny But Should Remain a Feature of the UK Pension risk Transfer Market

    12 June 2025

    Plenty of Guardrails for US Life Insurers Backing Group Annuities With Private Assets

    12 June 2025

    Liver Disease Mortality in England Continues to Worsen but General Mortality Still on a Post-Covid Downward Trend

    12 June 2025
    Ad

    Your trusted source for capital markets participation in Life Risk

    X (Twitter) Instagram LinkedIn
    Life Risk
    • About Life Risk News
    • Get In Touch
    • Our Team
    • Copyright Notice
    • Terms and Conditions
    • Privacy Policy
    • Sitemap
    Coverage
    • Home
    • Features
    • Events
    • Commentary
    Subscribe

    Type above and press Enter to search. Press Esc to cancel.

    We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
    Cookie SettingsAccept All
    Manage consent

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
    CookieDurationDescription
    cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
    cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
    cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
    cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
    cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
    viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    Functional
    Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
    Performance
    Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
    Analytics
    Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
    Advertisement
    Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
    Others
    Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
    SAVE & ACCEPT