Coventry is the force behind America’s huge secondary life insurance market – so it came as no surprise that they were elated by the result of a recent U.S high court case.
In the recent court case – Kramer v. Phoenix Life Insurance Company, the New York Court of Appeals sided with the purchaser of a life insurance policy, rather than the life insurer. Phoenix Life Insurance had tried to invalidate a life insurance policy which they asserted had been taken out with intent to sell at a later date.
Highest Court in the US rejects New York Insurable Interest Law as a reason to invalidate policy
The highest US Court’s decision in this case, effectively meant saying “no” as to whether the New York insurable interest law “prohibits an insured from procuring a policy on his own life and immediately transferring the policy …if the insured did not ever intend to provide insurance protection for a person with an insurable interest in the insured’s life”.
The court decided that life insurance products should be bought and sold like any other product on the open market and that insurers cannot second-guess consumer’s choices.
Alan Buerger, CEO of Coventry, stated that he hoped that “this decision will spell the end of carriers’ cynical actions to undermine the well-regulated secondary market.” According to Buerger “the high court’s statement of intent is a win for life insurance consumers because it should prevent insurers from attempting to invalidate policies based on an insurer’s assertion that a policy was taken out to resell at some time in the future.”
Regulation is Important in the Secondary Life Insurance Market – but so is Consumer Choice
Making a settlement on a life policy has become far more common over the recent years, due to the fact that policy owners whose policies would otherwise lapse or have to be surrendered can get far greater cash value via the option of life settlement. In fact, according to a recent report issued in July by the United States Government Accountability Office, life policy owners who sold their life insurance policies between the years 2006-2009 made a staggering $5.6 billion more than if they had simply surrendered them.
The New York settlement law prohibits the immediate sale of a life insurance policy and states that the policy owner must wait two years before making any decision to sell. In fact 40 US states have introduced their own laws regarding settlements. The new laws have been brought in to protect consumers and have been highly effective.
Following the High Court’s decision the National Conference of Insurance Regulators is expected to look at introducing general legislation to cover the 16% of states currently without formal laws on life insurance settlements.
Source: Coventry, Medicalnewstoday.com
photo credit: taberandrew




Over the past several years, the life and health insurance market in the United States has seen a rapid growth phase.
If you have someone in your life that depends upon your income, then it is likely that you need life insurance. Life insurance helps ensure that the family and loved ones who depend on your for expenses can still maintain their current lifestyle if you were to pass away.