In 1911, a man in need of surgery but lacking funds turned to his life insurance policy. Despite there being no cash value, he managed to persuade his physician to accept it in exchange for the surgery. This transaction eventually led to a Supreme Court decision, where Chief Justice Oliver Wendell Holmes declared that after the contestability period, a life insurance policy becomes personal property that its owner can handle as they choose. This precedent has stood ever since.
Life settlements involve buying a life insurance policy from an individual who no longer wants or can afford it. The purchase price is higher than the policy's cash value but lower than the death benefit. Once purchased, the investor continues to pay premiums until the individual passes away, at which point the death benefit is collected and distributed among the fund's members.
Our Experience in Life Settlements
We've been involved in this business for 13 years, acquiring approximately 1,800 policies. Every policy paid at least what we anticipated. Originally, we began investing personally and soon recognized the potential of pooling resources. By combining policies, we could share the benefits and burdens, smoothing the yield curve. This led to the formation of a private equity fund, initially for high-value clients, and later for outside investors.
Our first investor was my dad, and after the success of our initial fund, we shifted focus entirely from financial planning to managing these investments. Today, we operate our tenth private equity fund, welcoming clients from various backgrounds.
The Value Proposition
Life settlements create a win-win scenario. The policyholder gets a higher value for their policy than cashing it out through the insurer, and investors receive returns from an asset uncorrelated with market fluctuations.
It's important to note that the policies we purchase usually have high death benefits with low cash values, often designed for estate planning. This provides more significant potential returns for the fund. While there are fewer tax benefits compared to a direct death benefit payout to a family, the investor receives a lump sum akin to returns from selling real estate or a business within a fund structure.
Full Transcript
What is the 101 behind why someone would invest in a life settlement and I'll let you break that down. Well, you know if you go back to the beginning of 1911 a gentleman needed a surgery and didn't have the money and so when he met with his doctor he Consulted with his doctor and he said look, I don't have the money to do this But I do have a life insurance policy that's you know, there's death benefit there Would you take that for in trade even though there was no cash value? and so the doctor decided he would take it and they did the surgery and a Few years later several years later the gentleman passed and the physician Went to claim the death benefit on the life insurance The insurance company balked and said no you don't have an insurable interest in this and so you can't You can't be paid so of course litigation ensued and It went all the way to the Supreme Court and the Supreme Court this chief justice at the time who wrote the opinion was Oliver Wendell Holmes and His comment was once you have passed the contestability period in a life insurance contract It becomes personal property and people can do with it as they choose That has been challenged many times and it has always been upheld so essentially what happens is we buy a life insurance policy from an Individual who no longer needs it wants it can afford it whatever the reason They sell it and then we give them money for the policy We always give them more than the cash value or for or more than what they would get from the insurance company Then we continue to make the premium payments and when the individual passes we collect the death benefit into our fund and It's distributed amongst the members of the fund. We've been doing this now for Approximately 13 years We have purchased Roughly 1800 policies over the over that time We've never had a policy pay less than what we had anticipated We we put together a private equity fund Essentially, it's a pool of investors We originally did this for ourselves we we both Jim and I had owned pieces of small policies and had good success with it and one day we were playing golf and we both got a text from the company that we did this with and He got notice Notification that he had received there's a death benefit that he was going to be getting and I got notification that my policy needed an additional Premium payment and I said man, wouldn't it be great if we could just pull these all together because I think at the time we owned about I don't know 15 or 20 of them and So we looked into Putting them into a pool that way we could it when one Had a victory we shared in the victory and when one there was a burden like a premium payment We shared in the burden it would smooth out the yield curve And so when we realized that we could do it we opened it up to some of our high-value clients that had invested in the same asset class We opened up to two outside investors. In fact, my dad was our first investor and it went from there and After our first fund it was put together It became pretty obvious that this was going to be a beast we were financial planners at the time and It became well it became readily apparent that We were not gonna have any time to do any financial planning anymore. It's so we stepped back from that and We started offering this to clients and then we had advisors who would come to us and say Can I refer some of my clients to you and we said we don't know so but we'll look into it And we did and and they can it's not a problem. So That's where it started and we are now on our tenth fund private equity fund And it's worked out beautifully from day one It's awesome. That's awesome. So to simplify this there's a couple people in this equation I actually have a good friend who's on the other side of the settlement So he's helping people that have their life insurance policies. He's helping them negotiate He's like a broker and so it's really cool I might have to have him on to talk about the different side to this But the whole the whole idea is your you're creating a win-win scenario with the the person that has life insurance policy Because at the end of the day they it's a free market They can do what they want and so instead of cashing it out and getting whatever They're getting a higher Value for their death benefit and that's a point that I want to make real quick is when you set up life insurance A lot of times people only care about the cash value, which I understand But the permanent death benefit is an asset and you guys are a perfect example of like You will die someday and so if you have an insurance policy That's that's gonna happen for an assure for a sure date Like that's that's incredible and so that that's is an asset that you guys ultimately, you know that you guys capitalize on But you have that asset and then so they you create a win-win scenario And I also want to say that a majority of these policies that you're probably buying are not the policies that We we design there, you know We can go into that if you want from a standpoint of the typical policies that you get but without you know These are not policies that are max funded from the very beginning with Minds that they're their policies that people are getting maybe for an estate plan or perfect. There you go You know and so they're high death benefit low cash value And so that there there's a win-win relationship there So the person that you're working with they're getting more money They're signing over the death benefit to the fund You know, it's a win because this is an asset that's not correlated to the market and and you're saying hey Like we're gonna continue to make premium payments and when this person quote-unquote matures Passes away that death benefits gonna get paid to the fund There's gonna be less tax benefits than if the death benefit went directly to the family But still we're getting a lump sum of money and you're saying if you're an owner of that fund You'll get passed you'll get paid out When that happens just like if you sold the real estate property or you sold a business in a fund exactly It's exactly true |