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The Insurance Forum 2002: Vol 29 Table of Contents PDF

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the INSURANCE FORUM _ ... for the unfettered exchange of ideas about insurance CONTENTS 2002 Editor's note: Volume 29 of The Insurance Forum, consisting of eleven regular monthly issues, the September 2002 special ratings issue, and this table of contents, may be purchased for $90. For ordering instructions and prices of single | back issues, see the box at the bottom of the second page of this table of contents Vol. 29, No. 1 (January, 2002) THE YEARLY PRICE OF PROTECTION RE—V—I,S ITINGe eCR EDIT INTOSTU! RANC—E AaN OTHER IMPORTANT NONDISCLOS ca hucirn ued - IN LIFE INSURANCE Discusses a credit insurance report issued jointly in idlinten ales i ser $1.000 of lif November 2001 by the Consumer F‘e der:a ti‘o n of ‘ er ’s pemnnaen Beoer d mgt‘ es aope rta| w)i nsio- oniinsy ance protection should be disclosed to consumers America and the Center for Economic Justice, de- scribes the magnitude of the overcharges imposed THE CASE AGAINST SECRET on credit insurance consumers, and explains that DIVIDEND FORMULAS the original purpose of credit insurance has Discusses why the formulas used by insurance changed and the objective now is to enhance the companies to determine the dividends on partici profitability of loans pating life insurance policies should be disclosed to AN UPDATE TO OUR SEPTEMBER 2001 State regulatory officials and should be available to the public SPECIAL RATINGS ISSUE Lists rating actions taken by A. M. Best, Fitch Rat- ings, Moody’s Investors Service, Standard & Vol. 29, No. 3 (March, 2002) Poor’s, and Weiss Ratings subsequent to publica- LEGAL SETBACKS FOR TAX-MOTIVATED tion of our September 2001 special ratings issue COLI PLANS CONFRONTING THE TERRORISM EXPOSURE Discusses the evolution of tax-motivated, broad Discusses the need for federal government involve- based, highly leveraged, corporate-owned life ment in dealing with the consequences of the insurance (sometimes referred to as “janitor insur terrorism exposure, and describes the difficulties in ance” and referred to in this article as “COLI”), defining terrorism for the purposes of terrorism ex- indicates the scope of COLI, describes four COLI clusions in insurance policies lawsuits (involving the U. S. Treasury against American Electric Power, Camelot Music, Winn- Vol. 29, No. 2 (February, 2002) Dixie Stores, and Dow Chemical) that have resulted in decisions favoring the government, discusses THE SHRINKING SECONDARY MARKET COLI-related amendments to state insurable inter FOR LIFE INSURANCE POLICIES est statutes, and mentions the relationship between Presents data from the Florida and Texas insurance COLI and life setthements departments to illustrate how the viatical industry is declining, and mentions developments at Viati- A FEDERAL GOVERNMENT REINSURANCE cus and Life Partners to illustrate the lack of FACILITY FOR CATASTROPHES progress in the life setthement industry Introduces the article by Dan R. Anderson Copyright © 2002 Insurance Forum, Inc Contents 2002 The Insurance Forum PROVIDING CATASTROPHE INSURANCE and two earlier surveys, mentions the response of COVERAGE FOLLOWING THE TERRORIST the National Association of Insurance Commis- EVENTS OF SEPTEMBER I1 sioners, describes a recent lobbying campaign by (BY DAN R. ANDERSON) Robert E. Wilcox, an actuarial consultant and for- Discusses the implications of catastrophes for mer insurance commissioner, and discusses the sec- the insurance industry, describes the concept of a ond settlement of a class action lawsuit against the federal reinsurance facility for terrorist acts, and Massachusetts Mutual Life Insurance Company identifies some advantages of the concept Vol. 29, No. 6 (June, 2002) Vol. 29, No. 4 (April, 2002) THE “LEAP” PROVISION IN THE 1997 “LEAP” AND THE DIVERSION OF FUNDS INTO SETTLEMENT OF THE SALES PRACTICES CASH-VALUE LIFE INSURANCE LAWSUIT AGAINST JOHN HANCOCK Presents, in this and several other articles in a spe- Discusses a special provision relating to the Life cial 12-page issue on the Lifetime Economic Ac- Economic Acceleration Process (LEAP) in the celeration Process (LEAP), an overview of LEAP, 1997 settlement of a class action lawsuit against the lists some errors and inconsistencies in LEAP, dis- John Hancock Mutual Life Insurance Company cusses LEAP’s approach to various “problems,” alleging deceptive sales practices identifies some timing errors in LEAP, describes ON THE INDEPENDENCE OF IMSA’S the struggle for access to LEAP material, includes INDEPENDENT ASSESSORS biographical information about LEAP’s founder, describes how LEAP uses a book by the late Discusses the recent deposition testimony of Solomon S. Huebner, and discusses the relationship Robert E. Wilcox, an actuarial consultant and for- of LEAP to The Guardian Life Insurance Company mer insurance commissioner, who suggested it is standard practice for a consultant to an insurer to OUR DETAILED 2000-2001 INDEX perform the independent assessment required for Mentions the availability of a detailed 32-page the insurer’s membership in the Insurance Market- index covering the 312 pages of The Insurance place Standards Association (IMSA), and describes Forum from January 2000 through December 2001 my correspondence with IMSA Vol. 29, No. 5 (May, 2002) BELATED (1999) COMPENSATION DATA FROM THE NEW YORK INSURANCE DEPARTMENT THE REWRITING OF HISTORY BY OPPONENTS Describes our legal struggle with the New York OF DISCLOSURE OF FRACTIONAL PREMIUM department over the availability of compensation CHARGES AS ANNUAL PERCENTAGE RATES exhibits filed by life insurance companies, and pre- Discusses, in this and several other articles in a sents data, based solely on those exhibits, showing special 12-page issue on fractional (modal) premi- the compensation received by individuals who ums, statements by disclosure opponents, presents received $600,000 or more in 1999 some historical background on the subject, dis- SETTLEMENT OF STATE ALLEGATIONS cusses my 2001 survey of insurance commissioners RELATING TO BANKERS INSURANCE COMPANY’ S INVESTIGATION OF A FLORIDA INSURANCE DEPARTMENT EMPLOYEE The Insurance Forum is published monthly by Insurance Forum, Inc., P. O. Box 245, Ellettsville, Refers to an article in our October 2000 issue de- Indiana 47429-0245. www.theinsuranceforum.com. scribing how Bankers Insurance Company (St. Telephone (812) 876-6502. ISSN 0095-2923. The Petersburg, FL) initiated an intensive and highly in- subscription price is $90 per year. trusive private investigation of Kevin M. McCarty, The September 2002 special ratings issue is $20. a member of the staff of the Florida insurance de- The January, March, April, May, July, August, and partment, mentions the administrative complaint October 2002 issues are $10 each. The other 2002 filed against the company by Tom Gallagher, the issues are $5 each. Florida insurance commissioner, and describes the We do not impose any mailing, shipping, or han- punishment meted out by the commissioner in dling charges, but we require prepayment by check, MasterCard, or Visa. To enter a credit card order by exchange for settling the complaint telephone, call toll-free 1-888-876-9590 (U. S. only). Indiana addressees please add 6% sales tax. Vol. 29, No. 7 (July, 2002) © 2002 Insurance Forum, Inc. All rights reserved. The Insurance Forum may not be reproduced in :AP” RESPONSES TO OUR SPECIAL whole or in part without permission in writing from the publisher. Discusses the responses prepared by the Life Eco- nomic Acceleration Process (LEAP) to our April Copyright © 2002 Insurance Forum, Inc. The Insurance Forum Contents 2002 2002 special LEAP issue, explains why we stand life-health insurance companies in the U. S. and behind the contents of our special issue, and con- Canada as of August 2, 2002 by A. M. Best, Fitch cludes that the problems with LEAP could be fixed Ratings, Moody’s Investors Service, Standard & but that doing so would require LEAP’s acknowl- Poor’s, and Weiss Ratings, includes lists of compa- edgment of the problems nies suggested for conservative consumers, pro vides a watch list of 813 life-health companies, FROM THE MAILBAG explains how consumers may use the lists, and in- Comments by John F. Ocwieja and William H. cludes the rating firms’ descriptions of their rating Damora categories and their rating distributions EXECUTIVES’ COMPENSATION IN 2001 Shows 2001 compensation of persons who received Vol. 29, No. 10 (October, 2002) $600,000 or more from insurance companies RECENT DEVELOPMENTS RELATING TO THE Vol. 29, No. 8 (August, 2002) “LEAP” SYSTEM Discusses the issuance of a $6 million life insur- A BIG PAYDAY FOR SIX DEPARTING ance policy by The Guardian Life Insurance Com- EXECUTIVES OF PROVIDENT MUTUAL pany of America in response to an application Refers to the sponsored demutualization of the submitted by an agent who used the Life Economic Provident Mutual Life Insurance Company and the Acceleration Process (LEAP) to make the sale, de- subsequent acquisition of the company by Nation- scribes an endorsement of LEAP on Guardian’s wide Financial Services, shows a detailed break- website, describes two pieces of LEAP-inspired down of the total of $36 million that was to be paid material that appear on the website of a large to Robert W. Kloss, the outgoing chairman and Guardian agency apparently dedicated to LEAP, chief executive officer of Provident, and five other comments on the LEAP response to the article Provident executives who were to leave the com- about LEAP in our June 2002 issue, and discusses pany after the demutualization and acquisition, dis- a letter about The Insurance Forum circulated by cusses the question of whether the amounts are LEAP to its constituents reasonable, and identifies several other aspects of the arrangement THE NONPAY MENT OF INSURANCE CLAIMS Introduces the article by Richard E. Stewart and RECENT LETTERS FROM “LEAP” AND Barbara D. Stewart GUARDIAN LIFE Describes a letter we received from Robert FROM THE MAILBAG Castiglione, creator of the Life Economic Acceler- Comments by Craig J. Yoder, David Marrone, ation Process (LEAP) and chief executive officer of Susan E. Brown, Don Wallar, and Gerald Gordon LEAP SYSTEMS, presents a letter we received from Joseph D. Sargent, CLU, chairman and chief THE LOSS OF THE CERTAINTY EFFECT executive officer of The Guardian Life Insurance (BY RICHARD E. STEWART AND BARBARA D. Company of America, regarding the article about STEWART) LEAP in our June 2002 issue, and discusses our Says the buyer’s assumption that claims will be response to the letter paid is the key to the value of what insurers sell, indicates that recent changes in the insurance busi- RISK-BASED CAPITAL DATA FOR 2001 ness have placed a cloud over the assumption of Exp!ains risk-based capital data, and presents 2001 certain payment, identifies those recent changes in and other recent years’ data for life-health and the insurance business, discusses those recent property-liability insurance companies changes from an economic perspective, describes SURPLUS NOTE USAGE BY INSURERS the changes that occurred as a result of similar Lists the amounts of surplus notes outstanding in occurrences in the past, and discusses possible life-health and property-liability insurance compa- responses to the current threats to the business nies at the end of 2001 and 2000, and shows the MOODY’S REPORT ON LIFE INSURERS’ BOND effect of surplus notes on the risk-based capital EXPOSURE TO TROUBLED CORPORATIONS ratios of the companies issuing the surplus notes Refers to a report published in August 2002 by Moody’s Investors Service entitled “Troubled Vol. 29, No. 9 (September, 2002) Credits: Pressure on the U. S. Life Insurance Indus- THE FINANCIAL STRENGTH OF LIFE-HEALTH try and Its Ratings Increases,” describes the data INSURANCE COMPANIES included in the report, presents the summary Provides, in a 36-page special ratings issue, a list opinion in the report, and offers our readers a com- showing 4,183 financial ratings assigned to 1,808 plimentary reprint of the full report Copyright © 2002 Insurance Forum, Inc. Contents 2002 The Insurance Forum BELATED 2000 COMPENSATION DATA FROM department, showing the compensation received by THE NEW YORK INSURANCE DEPARTMENT individuals who received $600,000 or more in 2001 Describes our legal struggle with the New York FURTHER DEVELOPMENTS AT CONSECO insurance department over the availability of Discusses a report circulated by Townsend & compensation exhibits filed by life insurance com- Schupp (Hartford, CT), a private rating firm, con- panies with the department, discusses the implica- cerning the “extraordinary” dividends paid by the tions of the favorable court decision we obtained in insurance subsidiaries of Conseco to their parent New York, and presents data, based solely on the and to their sister subsidiaries during the first half New York exhibits, showing the compensation of 2002 received by individuals who received $600,000 or more in 2000 Vol. 29, No. 12 (December, 2002) AN UPDATE ON THE CONSECO COMPANIES’ RATINGS THE VENDETTA AGAINST NORTHWESTERN Describes the rating downgrades of the insurance MUTUAL subsidiaries of Conseco that occurred in August Mentions the vendetta being waged by Policy- 2002 subsequent to the August 2 cutoff date for our owner Protection Services, Inc. (PPSI) against The September 2002 special ratings issue Northwestern Mutual Life Insurance Company, refers to our two earlier articles about PPSI’s tac- Vol. 29, No. 11 (November, 2002) tics, discusses the omissions from and distortions in an outrageous article posted on PPSI’s website in THE DEPARTURE OF A DEDICATED AGENT September 2002 concerning the Weiss ratings of Introduces the article by a 30-year veteran of the Northwestern, describes the reaction of Weiss Rat- life insurance business ings to the article, and describes two other recent WHY I LEFT THE LIFE INSURANCE BUSINESS postings on PPSI’s website (BY A VETERAN AGENT) AN INTRODUCTION TO DR. LONG’S ARTICLE Describes the life insurance business as it was when the agent entered the business, discusses Introduces the article by John D. Long some changes that have occurred, explains some INSURANCE CREDIT SCORING: YES OR NO? reasons for the changes, and identifies some (BY JOHN D. LONG) important questions that confront the business Describes the practices of insurers with respect to FURTHER SECRECY IN THE CONFIDENTIAL the use of applicants’ credit histories, discusses the ALLOCATION FORMULA AT PROVIDENT objections registered by consumer activists to the MUTUAL use of credit scores, presents a response to those Refers to the sponsored demutualization of the objections, and explains the rationale for that Provident Mutual Life Insurance Company and its response subsequent acquisition by Nationwide Financial INSURANCE AND DISCRIMINATION Services, mentions the secret formula used to deter- Explains, in our response to and partial disagree- mine the number of variable shares distributed to ment with the views expressed in Dr. Long’s each policyholder in the demutualization, explains article, the meaning of expressions such as “fair that the failure to break down the number of discrimination” and “unfair discrimination,” identi- variable shares allocated to each policyholder who fies some discrimination factors, mentions the owns more than one policy constitutes an added importance of sociopolitical issues, and discusses dimension of secrecy, summarizes the responses to individual repricing on renewal a survey we conducted illustrating some strange results of the secret allocation formula, and men- AN UNSUCCESSFUL SURVEY ABOUT tions the Canadian approach under which there are EXPENSING STOCK OPTIONS no strange results Presents the letter written by John H. Biggs, chair- man and chief executive officer of The Teachers FROM THE MAILBAG Insurance and Annuity Association of America and Comments by Larry Redden, John F. Ocwieja, the College Retirement Equities Fund, to about Michael Burrill, two unnamed individuals, and 1,700 publicly owned corporations urging them to Jerry N. Grove consider accounting for stock options as an ex- BELATED 2001 COMPENSATION DATA FROM pense, describes our survey of 113 publicly owned THE NEW YORK INSURANCE DEPARTMENT insurance corporations and 41 mutual insurers on Presents data, based solely on exhibits filed by life the same subject, and describes the small response insurance companies with the New York insurance we received to our survey Copyright © 2002 Insurance Forum, Inc

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