Close Menu
    What's Hot

    UK Bulk Purchase Annuity Aggregate Premium Set To Fall but Number of Transactions Rises in H1

    22 July 2025

    Editor’s Letter – Volume 4, Issue 7, July 2025

    16 July 2025

    Significant Growth Potential in Equity Release/Reverse Mortgage Market but Change is Required to Get There

    16 July 2025
    Facebook X (Twitter) Instagram
    Instagram LinkedIn X (Twitter)
    Life Risk News
    • Home
    • Features

      Significant Growth Potential in Equity Release/Reverse Mortgage Market but Change is Required to Get There

      16 July 2025

      Insurance Capacity Boost and Growth in Small Deals Mark Busy First Half in UK Pension Risk Transfer Market

      16 July 2025

      Life Settlement Population Outlook Suggests Underwriting Frameworks Will Need to Continue to Adjust

      16 July 2025

      Q&A: Perry Koons, Director of Capital Markets, Maple Life Financial

      16 July 2025

      Nuanced Impact of CMI Model Change on Pension Risk Transfer Market

      16 July 2025
    • Commentary

      Mental Health Illness and Its Impact on Life Expectancy in the USA

      16 July 2025

      The Dangers of Defaulting to Fast Track

      16 July 2025

      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
    • Events
    • Magazine
    • News

      UK Bulk Purchase Annuity Aggregate Premium Set To Fall but Number of Transactions Rises in H1

      22 July 2025

      Honda Group – UK Pension Scheme Completes Buy-In With Legal & General

      15 July 2025

      Utmost Life and Pensions Begins 2025 With Four Full Scheme Buy-Ins

      9 July 2025

      Chariot Re Launches, Announces Initial Reinsurance Transaction

      2 July 2025

      Molins UK Pension Fund Completes Bulk Purchase Annuity (BPA) Buy-In Transaction With Aviva

      1 July 2025
    Subscribe
    Life Risk News
    Home » Recent Court Decision Close Enough to a Win for Life Settlement Industry

    Recent Court Decision Close Enough to a Win for Life Settlement Industry

    Features 10 May 2024Greg WintertonBy Greg Winterton
    Twitter LinkedIn Email
    Share
    Twitter LinkedIn Email

    The life settlement market has seen a few litigation cases in the state of Delaware in recent years whereby the estate of a deceased has brought a claim against a life settlement asset manager to recover the death benefit of the life insurance policy.  

    In these cases, plaintiffs argued that because these policies specifically were purchased using a premium finance arrangement (under which the insured borrows money to pay the premiums) they violated Delaware law on insurable interest when they were issued. 

    Recent Delaware decisions suggest that in these situations, the death benefit should go to the estate, so the consequence of these cases has been that the court has sided with the plaintiff, meaning that the asset manager, despite paying the premiums to keep the policies in force – often, for many years – has had to return the death benefit in full to the estate of the insured. 

    A recent decision in the 5th Judicial Circuit Court for Marion County, FL, however, provided something of a welcome ‘win’ for the space. 

    In U.S. Bank, N.A. v. Estate of Albart, judge Steven Rogers of the Circuit Court of Florida, Fifth Judicial Circuit (Marion County) ruled that, while the death benefit was due to be repaid to the estate, it must be done net of the premiums paid to the insurer for coverage. U.S. Bank is acting as the securities intermediary for Viva Capital 3 L.P., which is ultimately owned by affiliates of Blackstone. 

    Life Risk News understands that the decision is the first of Delaware cases to permit an offset for premiums paid, something that could be significant for any additional cases brought before the courts. 

    “It’s important to bear in mind that the offset for premium can be significant since the policies being litigated are well over 15 years old. In some cases, the premiums paid may exceed the death benefit,” says Jule Rousseau, Partner at law firm, ArentFox Schiff. 

    This ‘win’ for Blackstone – and the life settlement industry at large – will provide welcome relief for asset managers that still have premium-financed policies in their portfolios. Life settlement asset managers regularly assess litigation risk before purchasing policies and therefore make a judgement call with regards to whether they would want exposure to this risk at all, and if so, what price that risk price is worth.  

    Most of this risk exists, however, in the industry’s tertiary market, where larger portfolios are traded between investors; it is not unusual for the same policy to be traded multiple times over time. However, the secondary market rarely sees premium financed policies anymore, and they don’t represent a significant percentage of the industry.  

    “The specific issue in here is that of policies purchased with non-recourse premium finance loans. While there may be some legacy policies of this type in the tertiary market, as they mature, they’ll exit the market, and they’re not being replaced. The litigation activity makes it seem like this is a bigger issue than it really is to the industry at large,” said Rousseau. “Overall, the risk to the market as a whole remains low.’ 

    Representatives for neither Blackstone nor Cozen O’Connor, counsel for the Estate of Edward Albart, had responded to a request for comment by press time. 

    2024 - May Life Settlements Volume 3 Issue 5 - May 2024
    Share. Twitter LinkedIn Email

    Related Posts

    Significant Growth Potential in Equity Release/Reverse Mortgage Market but Change is Required to Get There

    16 July 2025

    Insurance Capacity Boost and Growth in Small Deals Mark Busy First Half in UK Pension Risk Transfer Market

    16 July 2025

    Life Settlement Population Outlook Suggests Underwriting Frameworks Will Need to Continue to Adjust

    16 July 2025

    Q&A: Perry Koons, Director of Capital Markets, Maple Life Financial

    16 July 2025

    Comments are closed.

    Most Popular

    Significant Growth Potential in Equity Release/Reverse Mortgage Market but Change is Required to Get There

    16 July 2025

    Insurance Capacity Boost and Growth in Small Deals Mark Busy First Half in UK Pension Risk Transfer Market

    16 July 2025

    Life Settlement Population Outlook Suggests Underwriting Frameworks Will Need to Continue to Adjust

    16 July 2025

    Mental Health Illness and Its Impact on Life Expectancy in the USA

    16 July 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