BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 459


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          Date of Hearing:   April 8, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 459  
          (Daly) - As Introduced February 23, 2015


          SUBJECT:  Insurance:  insurable interest


          SUMMARY:  Provides for a process to resolve disputes regarding  
          the validity of life insurance policies issued before January 1,  
          2010.  Specifically, this bill:  


          1)Permits the owner of a life insurance policy to ask a court to  
            declare that the life insurance policy has a valid insurable  
            interest if the policy:


               a.     Was purchased before January 1, 2010.


               b.     Has a death benefit of more than $1,000,000.


          2)Repeals the provisions of the bill on January 1, 2017.


          EXISTING LAW:  


          1)Provides that every person has an insurable interest in their  








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            own life.


          2)Provides that a person has an insurable interest in the life  
            of another if that person:


               a.     Has a reasonable expectation of pecuniary advantage  
                 through the continued life of the insured;


               b.     Is dependent on the insured for education or  
                 support; or,


               c.     Is related to another person by blood or law.


          3)Permits the owner of a life insurance policy to designate any  
            person as the beneficiary of the policy.


          4)Provides that trusts and special purpose entities seeking to  
            purchase life insurance policies for investors have no  
            insurable interest unless the designated beneficiary of the  
            policy has an otherwise valid insurable interest in the life  
            of the insured.


          FISCAL EFFECT:  Undetermined


          COMMENTS:  


           1)Purpose  . According to the author, this bill helps to resolve  
            potential litigation regarding life insurance policies issued  
            before California law was changed to prohibit "stranger  
            originated life insurance" (STOLI). An individual has the  








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            legal right (under both state and federal law) to sell his or  
            her life insurance policy to a third party.  These  
            transactions allow consumers to access the cash value of their  
            life insurance policies to meet unforeseen financial needs.   
            When the policy is sold the third party becomes the  
            beneficiary of the policy and is responsible for paying the  
            premium. Typically, the third parties consist of financial  
            firms which specialize in "life settlements" and commonly  
            bundle up a number of policies to be sold as a group to  
            institutional investors. For a number of years, firms  
            solicited individuals (and in some cases provided them with  
            the money) to buy life insurance policies that were then sold  
            back to these firms.  These arrangements were characterized as  
            STOLI by the insurance industry and California enacted  
            legislation in 2010 to restrict the purchase of life insurance  
            policies in some of these circumstances.  



            Many policies issued prior to the 2010 legislation have been  
            the subject of litigation by insurers who characterize them as  
            STOLI and have denied claims.  Insurers have denied claims by  
            asserting that the policy was "void at issuance" because of  
            the absence of an "insurable interest" by the purchaser.  In  
            some of these cases, judges have upheld the denial of the  
            claim by the insurer and allowed the insurer to keep the  
            premiums paid on the policy despite the policy being  
            determined to be "void at issuance."  Owners of these policies  
            object strenuously to allowing insurers to retain the premium  
            paid on these policies if the policies were never valid.  This  
            bill provides policy owners with the right to go to court now  
            instead of allowing insurers to collect years of premiums  
            before contesting the validity of the policy.


           2)Insurable Interest  .  There is a long-standing principle in  
            insurance law that anyone buying a life insurance policy must  
            have a legitimate interest in the life of the insured.  To  
            allow people without a legitimate interest in the life of the  








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            insured would permit wagering on the lives of others and is  
            against public policy and standards of decency.  California  
            law has a very expansive definition of insurable interest and  
            regulates the life settlement industry to protect consumers  
            from potential abuses when buying and selling life insurance  
            policies.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Institutional Longevity Markets Association (sponsor)




          Opposition


          None received




          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086

















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