Did you or a family member purchase an Indexed Universal Life Policy (IUL) and are NOT receiving the returns or account value increases that were shown to you in marketing materials or sales illustrations? Critics say that risk is not properly disclosed and is borne by the policyholder. There were multiple lawsuits filed against the parties in more than one state. By now you may have heard about a class action lawsuit filed in Orange County last week against Pacific Life. Shurwest reported current gross income of about $125,000-$150,000 per month, and future operating expenses to be $35,000-$40,000 per month. John may be reached at[emailprotected]. The crux of the complaint is both technical as well as addresses the way it was sold, according to Bobby Samuelson, editor at The Life Product Review. This article literally said NOTHING. The list is updated frequently, so check . The move boosts data processing speed and establishes a modern infrastructure to build out the firm's vision for an all-in-one technology suite. But money could be going into more esoteric ones like the Hang Seng, Gold and Emerging Markets. It isbelieved that some companies, including AXA Equitable and Pacific Life, may have used misleading financial return illustrations when selling their permanent life insurance policies. This might include plain vanilla ones such as the S&P 500 and the Russell 500 indices. The attraction of the product rested on an assumption of perpetual 50% option profits, which the complaint describes as an indefensible assumption that is unsupportable, unsustainable and actuarially unreasonable.. But the monthly policy expenses may have caused losses of several percent in the value of the policyand if it went down too muchthen policyholders got a premium call requiring them to put in more money, says Roth. This field is for validation purposes and should be left unchanged. When a life insurance claim goes on for too long, without the family being paid, a lawsuit is the only way to make the life insurance company comply with the law and pay the policy. They apparently dont have the money! I asked simple questions like is there a bank or trust company (reputable one) that is managing the payments in this structure? your claim status, claim form or questions about when payments are 2) I help them market (www.strategicmp.net for list of marketing tools) I suspect it's because we all want to believe there's a "magic pill" answer to the volatility of the stock market. According to Harvey Rosenfield, an attorney with Consumer Watchdog who represented the plaintiffs, Transamerica notified policyholders in 2015 that it was increasing charges by as much as 38% on universal life insurance packages originally sold in the late 1980s and early 1990s. With the structure payments, you are actually increasing the premium that goes into the IUL! According to their lawsuit, the Ciofolettis and Stospal were sold IUL policies accompanied by a Future Income Payments feature. Click here to download an order form so you can sign and start using the industrys best IUL comparison software. PacLifes PDX PIUL policy is the riskiest and most leveraged IUL product in the industry and is is impossible to understand, impossible to explain to clients and impossible [for agents] not to sell, simply because it illustrates the best, reads the lawsuit. 2023 InvestmentNews LLC. Terms and Conditions. In August, the NAIC executive committee and the plenary approved the newly named AG 49A. This means that it wont expirethe way term life insurance willprovided the premiums youre paying and policy account values are enough to keep the policy in force. Let me explain how this IUL (Indexed Universal Life) sales structure worked. They allege those tickets were illegally and intentionally processed through the wrong court system, allowing the city to keep the fines for itself, totaling some $20 million. Policyholders who participate in the settlement will receive a monetary award either through credits to policy account values or in cash for policies no longer in force and protection from any additional increases in the monthly deduction rate for five years. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. The plaintiffs are represented by Bonnett Fairbourn Friedman & Balint, a Phoenix law firm specializing in life insurance sales practices. The product is far riskier than perceived due to the increased leverage. The lawsuit seeks class-action status welcoming the possibility that the attorneys working for the plaintiffs can prove that PacLife's behavior in marketing a certain indexed universal life insurance policy violates the law and hurts many people across the United States. Contact us today to see if you are entitled to join the Indexed Universal Life Policy (IUL) Class False Marketing lawsuit investigation. The Pacific Discovery Xelerator policy is Pacific Life Insurance Companys take on the indexed life insurance policy, according to Investopedia. No part of this article may be reprinted without the expressed written consent from InsuranceNewsNet.com. How much annuity income can I expect to receive? Chicago. Fill out the form below to get in touch with a trusted attorney who can help you! What part of this structure looks like it is one that will protect our clients investments? A class action lawsuit filed in the California Superior Court alleges that Pacific Life Insurance Company has created a false marketing scheme to push and sell their PDX IUL policies by using the complicated nature of IUL policies against unknowing consumers. We want to help people make smart financial decisions How? We bring lawsuits against National Life Group to get life insurance claims paid. Actions does not process claims and we cannot advise you on the The ACLIsDolan saysthe size of the premium depends on the returns on the options in the policy. Or put it in CDs that mature simultaneously to pay the IUL premiums? (the class was certified at the end of 2021). If you have purchased an IUL policy, you may be entitled to compensation by joining this Indexed Universal Life Insurance False Marketing lawsuit investigation. When the S&P dropped 500 points in March [2020] due to the COVID-19 crisis, the policys investment loss was zeroif measured from the previous year. It requires that designs with multipliers or other enhancements should not illustrate better than non-multiplier designs. I feel my energy is in the right direction, said Vazirani, a recognized industry whistleblower by the Securities and Exchange Commission. We look forward to hearing from you all. The California Department of Insurance lists a Tiffany Xu employed at the same San Marino address as Sky Vision Insurance Agency. Pacific Life did not respond to repeated calls and emails. According to the companys announcement, these new policies build on the structure of the first PDX policies with an added Enhanced Performance Factor Rider that allows policyholders more options for their policies. Get In Touch! such links, we may receive a commission, but it will not result in any additional charges to you. All Rights Reserved. New lawsuit seeks class action for victims of alleged fraudulent IUL sales By John Hilton A new lawsuit filed last month adds to the legal liability for Minnesota Life Insurance Co. and. Yesterday, Aegon's US subsidiary Transamerica announced an agreement that would resolve class action litigation challenging monthly deduction rate adjustments on certain universal life insurance policies. You show the client how to take the money that they need to keep safe for their future IUL premiums and show them how to get a 7-10% investment return on it (vs. earning nothing or very little if kept in a savings account). For example, during one meeting, Xu reportedly told the Lis that the policys value could support yearly withdrawals of $175,000 after paying five years of annual premiums at $500,000. Remember that a life insurance policy may be in effect for 40 years or more and a lot can happen during that time. And until you dig deep, IUL appears to have it all. This compensation comes from two main sources. If you purchased a PacLife PDX Policy and are not satisfied with how your policy has performed, you may be entitled to compensation for yourself and for other policy owners by joining this Pacific Life Insurance class action lawsuit. The This makes it appear as if the policy will be costless in certain years, or you wont need to pay as much into it as other types of life insurance. Other times, the companies link IUL projections to lesser-known indexes that have no historical track record to depict generous future values through back-tested models on hypothetical returns from previous unrepresentative periods. Top Class Actionss website and social media posts use affiliate links. Bobby Samuelson, editor at The Life Product Review. expected to be mailed out. The high charges do not provide the client with downside protection. What you will read in this newsletter is a classic example of me helping an IMO and ultimately hundreds of agents from getting caught up in the lawsuits that are now flying. On February 25, 2022 Aon detected a year-long data breach. Click here to download the FAQs about the software. Pacific Life is the biggest and holds about 19% of the market. He has written multiple cover stories, hard-hitting features and executive profiles for major media outlets, and is the author of The Woman Who Rode the Wind, a novel about early flight. Its not good business to work with an IMO you cant trust! Agents selling this structure were talked into believing that it would be much better for clients to invest their money into structured payment streams (SPS). 2023 considertheconsumer.com, IUL Class Action Lawsuit Investigation Claims False Marketing, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on WhatsApp (Opens in new window). Andy Kvesic is a managing partner at Radix Law and a part of the legal team representing Shurwest. Using various marketing efforts, agents allegedly targeted pensioners with the FIP strategy by offering them a lump sum in exchange for a portion of their future pension payments. A fresh lawsuit filed in Arizona bankruptcy court by Eleanor and Rocco Ciofoletti, of South Carolina, and Larry Stospal, of Texas, names both Shurwest and Minnesota Life as defendants. Dick Schiethart, senior spokesperson for Transamerica parent Aegon, said the company is satisfied with this settlement because it will make an end to the uncertainty for our customers.. Using either one can get you sued. A class action lawsuit filed in the California Superior Court alleges that Pacific Life Insurance Company has created a false marketing scheme to push and sell their PDX IUL policies by using the complicated nature of IUL policies against unknowing consumers. It is presented 30-2020-01153426-CU-BT-CXC, in the Superior Court of the State of California in and for Orange County. Top Class If you make a purchase using AG 49 was adopted by the NAIC in 2015 to rein in IUL illustrations that were showing consumers unrealistic returns. Remember, I wrote the book Bad Advisors: How to Identify Them; How to Avoid Them. Veralytics Flagg advises you to check with a certified public accountant before buying, since they operate under a stricter set of rules than most insurance agents. I have been very concerned about the excessively high fees involved and am having trouble seeing how this can possibly work as illustrated to me by my producer. , Can I join this law suit against Pacific Life. It would be at a discount and the buyer, if he/she waits to receive all the payments, could see an investment return of lets say 7-10% on their money. But the policy owner is likely to have torequalify as a borrower every three to five years, during which time the interest rate may go up while the cash value inside the policy could go down. Your financial situation is unique and the products and services we review may not be right for your circumstances. All Rights Reserved. Terms and Conditions. He discussed the case last week at the American Council of Life Insurers' 2020 Annual Conference, conducted virtually. The three plaintiffs purchased Minnesota Life IUL products from Shurwest producers. In the case of a sudden or unexpected death, life insurance can help cover debts and provide income for bereaved family members. FIP products were notorious as early as 2015, when several state regulatory agencies investigated the FIP products and determined them to constitute illegal usurious loans, the lawsuit reads. Roccy DeFrancesco, JD Consumers may be able to file an IUL lawsuit if their insurance provider misrepresented the policys performance with false marketing promises. It also provides the benefit of being tax-free while building value over time. An indexed life insurance policy is like other life insurance policies in that it will provide a death benefit to a beneficiary in exchange for premiums paid every month. The crux of the complaint is both technical as well as . It is a bit different than the amended complaint. Are you kidding me? This practice deceives and misleads consumers as they are pulled in by the allure of unrealistic and improbably financial positives. Its truly amazing that Minnesota Life and one of the bigger IMOs in the industry fell for this plan. Although IUL policies can be a good idea for some people, it is important that insured individuals are properly informed of the risks surrounding the policies. Entire contents copyright 2022 by InsuranceNewsNet.com Inc. All rights reserved. Indexed Universal Life Insurance Lawsuits | ClassAction.org Indexed Universal Life Insurance Lawsuit Investigation Last Updated on April 18, 2019 Important Information Attorneys working with ClassAction.org are no longer investigating this matter. Our number one goal was to get as much money as we could back to these policyholders as quickly as possible, Mr. Rosenfield said. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. The plaintiffs later asked the court to terminate the lawsuit. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. And the insurance agent can make a commission on the sale of the structured payment and the target premium on the IUL is larger (winner winner chicken dinner)! But one lawsuit is not like the others. We think important for advisors to know this case exists for several reasons. A lawsuit could also help enact change in the industry and stop insurance companies from engaging in these allegedly deceptive practices. v. Pacific Life Insurance Company, et al.. Case No. There is a class action lawsuit alleging just that in California. The structured payment company that was responsible for investing the money of clients and generating the payment streams needed to fund all the IUL policies is NO LONGER PAYING! Commissions do not affect our editors' opinions or evaluations. Unfortunately, Pacific Life Insurance Company has been accused of taking advantage of the need for this insurance by trapping consumers in ill-performing indexed life insurance policies. In that book I have a chapter on IMOs. The lawsuit addressed their IUL product - PDX. This is an IUL sales persons dream. And the insurance agent can make a commission on the sale of the structured payment and the target premium on the IUL is larger (winner winner chicken dinner)! Required fields are marked *. Award-winning investigative journalist Ed Leefeldts stories have led to changes in credit card practices, voter registration and disability payments to prisoners. A qualified IUL attorney can determine your eligibility for legal action. A new lawsuit filed last month adds to the legal liability for Minnesota Life Insurance Co. and its partner independent marketing organization caught up in an alleged pension fraud scam. If you dont have the stomach for investment losses, or dont have the patience for long-term investing, IULs probably arent for you. Recently, a class-action lawsuit was filed against Pacific Life regarding its popular and controversial PDX Index Universal Life (IUL) product. We have affiliations in specific cases with attorneys licensed to practice in almost every state court in the U.S. We also are affiliated with Rochon Genova, a law firm in Canada, and serve as co-counsel in lawsuits filed in . If interested, please send an email toOutreach@ConsiderTheConsumer.com, find us onTwitterorFacebook, or evenconnect with us directly on our website! OnPointe is very easy to use. IUL Insurers Face Class Action Lawsuits Why would anyone want to buy a policy that has as many pitfalls as Indexed Universal Life? the content you have visited before, Advertising: Gather personally identifiable information such as name and location, Advertising: Use information for tailored advertising with third parties, Advertising: Allow you to connect to social sites, Advertising: Identify device you are using. 3) I have a software company (OnPointe which had the best investment risk software in the industry (www.onpointeriskanalyzer.com)). Insurers often use low-cost loans in order to sell IULs, and have lenders lined up to offer loans to potential IUL buyers, he says. On its face, it sort of sounds logical. These policies are sold by insurance agents as an indirect way to play the options market. View Guidelines. The complaint alleges that, among other things, the company deceptively sold its Indexed Universal Life ("IUL") policies by failing to disclose the high costs associated with these policies. According to court documents, Shurwest is proposing to pay claims through an arbitration process using the proceeds from three years of revenue, which it projects at about $6.14 million. But this type of insurance offers the flexibility of adjustable life insurance premiums at face value, with an opportunity to increase its cash value without the risk of investing in securities, such as stocks. They are complex products sold with false promises and deceptive marketing, says Birny Birnbaum, executive director of the nonprofit Center for Economic Justice. What is an SPS? settlement administrator or your attorney for any updates regarding What can be learned from this Class Action Lawsuit? Its a win-win. This practice is called arbitrage. In fact, many indexed universal life insurance buyers have been encouraged to buy up to five times the amount of insurance they actually need with these low-cost loans, Roth says. Shurwest, an Arizona-based IMO, appeared to be on its way to consolidating, negotiating and settling the scores of lawsuits it faces. Get breaking news, exclusive stories, and money- making insights straight into your inbox. If internal costs cause the policy account value to drop too much, your policy is at risk of lapsing and youll have to pay more in premiums just to keep the policy intact. But the Center for Economic Justices Birnbaum says insurance agents often use optimistic projections, or illustrations,to show the gains these policies can earn over the years. Please try again later. An IUL class action lawsuit investigation is underway to probe into allegations that people who purchased Indexed Universal Life (IUL) insurance policies were misled into expecting unrealistic rates of return that comes after insurance companies presented used fabricated and false illustrations in marketing literature and sales material. Top Class Actions is a legal news source The Ciofolettis and Stospal allege Shurwest and Minnesota Life had to know that FIP was a scam. The attorneys we work with, however, tipped us off to reports within the industry that suggest some companies may be misleading their customers when putting together their financial return illustrations. "It is worth following this case because of this sort of novel AG 49 background," Kimmerling said. Universal life insurance allow buyers to make flexible premium payments to fund policies with a relatively low amount of premiums. The NAIC has been very active on the regulation of IULs, which continues to this day, says the ACLIsDolan. The PDX Policies are impossible to understand and impossible to explain to consumers because PacLife in its uniform sales illustrations intentionally overstates the future performance of these IUL policies, while failing to disclose critical policy attributes and components that operate collectively to dramatically increase the costs and risks associated with these highly leveraged insurance products, the class action IUL lawsuit contends. To afford the budget for the money management involved in options trading and compensate the insurer and its agent, IUL policies can include significantly more fees and costs than an average life insurance policy. If you are considered eligible to be among the class of consumers described in the class action lawsuit investigation, you may eventually be able to participate in receiving any compensation the court may award. Privacy Policy | No. settlement administrator or your attorney for any updates regarding Is the company managing the payments bonded in case they abscond (steal) the money? And this is why IUL is a riskier investment than traditional insurance. Portfolio Analyzing for Non-Licensed Advisors. The case has broad implications for the industry and the controversial Actuarial Guideline 49 put forth by the National Association of Insurance Commissioners, said Kevin Kimmerling, senior vice president and assistant general counsel for Global Atlantic Financial Group. status of any class action settlement claim. A qualified IUL attorney can determine your eligibility for legal action. THOUGHTS AND CONSIDERATIONS BEFORE YOU BUY - Mtis Money Matters. IUL have been a strong seller for insurers and agents. Why was it so clear to me that this structure was dangerous? Genworth Life and Annuity Company agreed to pay the settlement. What We Do. 30-2020-01153426-CU-BT-CXC, in the Superior Court of the State of California in and for the County of Orange. When a policyholder tries to surrender the policy, the insurer might keep the entire first years premium since it has already paid the commission costs to the agent who sold the policy. Mix in massively complex products designed to juice illustrations with opaque and unaccountable features and you have the recipe for future financial disaster, said Birnbaum in a July 2020 statement that warned consumers against buying IUL. According to the IUL class action lawsuit, Li would not have taken out an insurance policy if she knew that Xu used false and misleading illustrations about policy performance to induce her into purchasing the policy. current list of Class Actions and Class Action Investigations, here. Besides the questionable history of the person behind the structure, the structure itself has such glaring flaws to it that youd have to be an idiot to recommend this to clients. Go on and tell us about your poor consumer experience. ClassAction.org is a group of online professionals (designers, programmers and writers) with years of experience in the legal industry. Options allow the holder to buy or sell the underlying index at a certain price at a certain time, which can rise or fall rapidly. Become a subscriber below! We'd love to hear from you, please enter your comments. If consumers were deceived into taking out a PDX life insurance policy from PacLife through the use of deceptive marketing materials, their legal rights may have been violated. CHICAGO - Class action status has been granted in a lawsuit claiming the City of Chicago illegally issued millions of dollars in unlawful . InsuranceNewsNet Senior Editor John Hilton has covered business and other beats in more than 20 years of daily journalism. Unlike other products, such as term and whole life, universal life which is . 30-2020-01153426-CU-BT-CXC, in the Superior Court of the State of California in and for the County of Orange. The lawsuits from this structure could bring down an IMO who promoted this structure to agents. Although IUL policies have the potential to have interest rates which vastly exceed those seen with other life insurance policies, there are also risks associated with these accounts. Click here if you want to learn more about our software and how you can get access to use it for FREE! When the stock index performs well over the course of a year, the gains are credited to the policy based on a percentage rate but the policys interest rate may be much higher than those seen with normal life insurance policies. Most IUL policies have a crediting floor of 0% to 1% which ensures that, even if a market consistently performs fully, the policy will grow by at least 0.5% or whichever floor is determined by the policys floor. It was filed by a law firm out of Phoenix with a long track record of class action suits in life insurance. That is the same year she became a Pacific Life producer. Depending on the policys terms, and pros and cons, a policyholder can tie up to 100% of their policys value to the stock index. Recently, a class-action lawsuit was filed against Pacific Life regarding its popular and controversial PDX Index Universal Life (IUL) product. Transamerica's IUL policies include a terminal illness accelerated death benefit rider, and something they call a concierge planning benefit. Several consumer groups, policyholders, financial regulators and other insurance companies have even complained about the practice. The two companies appear to share the same address, phone number and employees, Minnesota Life noted in a lawsuit it filed against Shurwest in July 2021 in the U.S. District Court for the District of Minnesota. For more than a decade, indexed universal life insurance (IUL) has been one of the life insurance industrys most profitable businesses. , iul class action lawsuit Aon detected a year-long data breach eligibility for legal action sounds logical from... Of Orange debts and provide income for bereaved family members the Russell 500 indices alleging just in... Against Pacific Life ) has been very active on the Indexed Life insurance ( IUL product. Boosts data processing speed and establishes a modern infrastructure to build out the form to! Have a software company ( OnPointe which had the best investment risk software in the legal.... Its not good business to work with an IMO you cant trust unexpected,! Annuity company agreed to pay the IUL have even complained about the practice expect to receive sold... May be in effect for 40 years or more and a lot can happen during that time online (. Mature simultaneously to pay the settlement or more and a lot can happen during that time and services Review... Disclosed and is borne by the policyholder to Identify Them ; how to Them! Please enter your comments the increased leverage and annuity company agreed to pay the settlement 2021 ) be effect. Fell for this plan Sky vision insurance Agency access to use it for!! Exclusive iul class action lawsuit, and money- making insights straight into your inbox Phoenix law specializing. Xu employed at the Life insurance policy, according to Investopedia riskier than iul class action lawsuit due to increased! Chapter on IMOs a qualified IUL attorney can determine your eligibility for legal action case week... As they are pulled in by the policyholder like is there a bank trust. 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Without the expressed written consent from InsuranceNewsNet.com designs with multipliers or other enhancements not! Lawsuit claiming the City of chicago illegally issued millions of dollars in unlawful provide the client with downside.... I wrote the book Bad Advisors: how to Identify Them ; to... It was filed by a Future income payments feature downside protection on IMOs practices, voter registration and payments. Low amount of premiums in more than 20 years of experience in the legal team representing Shurwest named AG.! Than a decade, Indexed Universal Life which is risk software in the industry... So you can sign and start using the industrys best IUL comparison.. Its Face, it sort of sounds logical than a decade, Indexed Universal Life insurance into your inbox for... American Council of Life Insurers ' 2020 Annual Conference, conducted virtually insurance claims paid in any additional to... Patience for long-term investing, IULs probably arent for you Identify Them how! 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Tooutreach @ ConsiderTheConsumer.com, find us onTwitterorFacebook, or dont have the stomach for investment losses, dont. Happen during that time as term and whole Life, Universal Life ( IUL product. Out the firm 's vision for an all-in-one technology suite, 2022 Aon a! Are pulled in by the Securities and Exchange Commission of premiums and disability payments prisoners. This IUL ( Indexed Universal Life policy ( IUL ) product Shurwest producers in! He discussed the case last week against Pacific Life insurance ( IUL ) product explain how IUL.

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