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Report to the Special Committee on Aging, U.S. Senate: 

United States Government Accountability Office: 
GAO: 

July 2010: 

Life Insurance Settlements: 

Regulatory Inconsistencies May Pose a Number of Challenges: 

GAO-10-775: 

GAO Highlights: 

Highlights of GAO-10-775, a report to the Special Committee on Aging, 
U.S. Senate. 

Why GAO Did This Study: 

Since the late 1990s, life settlements have offered consumers benefits 
but also exposed them to risks, giving rise to regulatory concerns. A 
policy owner with unneeded life insurance can surrender the policy to 
the insurer for its cash surrender value. Or, the owner may receive 
more by selling the policy to a third-party investor through a life 
settlement. These transactions have involved high-dollar-amount 
policies covering older persons. Despite their potential benefits, 
life settlements can have unintended consequences for policy owners, 
such as unexpected tax liabilities. Also, policy owners commonly rely 
on intermediaries to help them, and some intermediaries may engage in 
abusive practices. 

As requested, this report addresses how the life settlement market is 
organized and regulated, and what challenges policy owners, investors, 
and others face in connection with life settlements. GAO reviewed and 
analyzed studies on life settlements and applicable state and federal 
laws; surveyed insurance regulators and life settlement providers; and 
interviewed relevant market participants, state and federal 
regulators, trade associations, and market observers. 

What GAO Found: 

The life settlement market is organized largely as an informal network 
of intermediaries facilitating the sale of life insurance policies by 
owners to third-party investors. Policy owners may sell policies 
directly to investors in some cases, but owners and investors commonly 
use intermediaries. Life settlement brokers represent policy owners 
for a fee or commission and may solicit bids for policies from 
multiple life settlement providers with the goal of obtaining the best 
price. Life settlement providers buy life insurance policies for 
investors or for their own accounts. No comprehensive data exist on 
market size, but estimates indicate it grew rapidly from its inception 
around 1998 until the recent financial crisis. Estimates of the total 
face value of policies settled in 2008 ranged from around $9 billion 
to $12 billion. 

State and federal regulators oversee various aspects of the life 
settlement market. Life settlements typically comprise two 
transactions: the sale of a policy by its owner to a provider, and the 
sale of a policy by the provider to an investor. As of February 2010, 
38 states had insurance laws specifically to regulate life 
settlements. State insurance regulators focus on regulating life 
settlements to protect policy owners by imposing licensing, 
disclosure, and other requirements on brokers and providers. The 
Securities and Exchange Commission (SEC), where its jurisdiction 
permits, and state securities regulators regulate investments in life 
settlements to protect investors. One type of policy (variable life) 
is considered a security; thus, settlements involving these policies 
are under SEC jurisdiction. SEC also asserted jurisdiction over 
certain investments in life settlements involving nonvariable, or 
traditional, life insurance policies, but their status as securities 
is unclear because of conflicting circuit court decisions. All but two 
states regulate investments in life settlements as securities under 
their securities laws. 

Inconsistencies in the regulation of life settlements may pose 
challenges. Policy owners in some states may be afforded less 
protection than owners in other states and face greater challenges 
obtaining information to protect their interests. Twelve states and 
the District of Columbia do not have laws specifically governing life 
settlements, and disclosure requirements can differ among the other 
states. Policy owners also could complete a life settlement without 
knowing how much they paid brokers or whether they received a fair 
price, unless such information was provided voluntarily. Some 
investors may face challenges obtaining adequate information about 
life settlement investments. Because of conflicting court decisions 
and differences in state laws, individuals in different states with 
the same investments may be afforded different regulatory protections. 
Some life settlement brokers and providers may face challenges because 
of inconsistencies in laws across states. GAO developed a framework 
for assessing proposals for modernizing the financial regulatory 
system, two elements of which are consistent consumer and investor 
protection and consistent financial oversight for similar institutions 
and products. These two elements have not been fully achieved under 
the current regulatory structure of the life settlement market. 

What GAO Recommends: 

Congress may wish to consider taking steps to help ensure that policy 
owners involved in life settlements are provided a consistent and 
minimum level of protection. SEC agreed with our matter for 
congressional consideration, and the National Association of Insurance 
Commissioners did not agree or disagree with it but raised related 
concerns. 

View [hyperlink, http://www.gao.gov/products/GAO-10-775] or key 
components. For more information, contact Orice Williams Brown, (202) 
512-8678 or williamso@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Life Settlement Market Organized Largely as an Informal Network of 
Specialized Intermediaries: 

State and Federal Regulators Oversee Various Aspects of the Life 
Settlement Market: 

Regulatory Inconsistencies May Pose Challenges for Policy Owners, 
Investors, and Life Settlement Intermediaries: 

Conclusion: 

Matter for Congressional Consideration: 

Agency Comments and Our Evaluation: 

Appendix I: Briefing to Congressional Staff on Life Insurance 
Settlements: 

Appendix II: Results of GAO's Survey of State Insurance Commissioners 
Regarding Their Regulation of Life Settlements: 

Appendix III: Results of GAO's Survey of Licensed Life Settlement 
Providers: 

Appendix IV: Comments from the Securities and Exchange Commission: 

Appendix V: Comments from the National Association of Insurance 
Commissioners: 

Appendix VI: GAO Contact and Staff Acknowledgments: 

Abbreviations: 

ACLI: American Council of Life Insurers: 

FINRA: Financial Industry Regulatory Authority: 

ILMA: Institutional Life Markets Association: 

LISA: Life Insurance Settlement Association: 

LSI: Life Settlement Institute: 

NAIC: National Association of Insurance Commissioners: 

NASAA: North American Securities Administrators Association: 

NCOIL: National Conference of Insurance Legislators: 

SEC: Securities and Exchange Commission: 

STOLI: stranger-originated life insurance: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

July 9, 2010: 

The Honorable Herb Kohl:
Chairman:
Special Committee on Aging:
United States Senate: 

Emerging in the late 1990s, the life settlement market offers 
consumers benefits but also exposes them to risks, which have raised 
regulatory concerns. Policy owners with unneeded or unaffordable life 
insurance can surrender their policies to their insurance companies 
for the cash surrender value.[Footnote 1] However, life settlements 
provide policy owners with another option: in a life settlement 
transaction, third-party investors compete to buy an existing, or in-
force, policy from its owner--potentially resulting in an offer for 
the policy that is higher than its cash surrender value.[Footnote 2] 
In exchange for the payment, the investor becomes the new policy owner 
and is responsible for paying the policy premiums but is entitled to 
receive the policy death benefit when the insured dies. Life 
settlements evolved from viatical settlements, which historically have 
involved insured persons who are chronically or terminally ill and 
expected to live 2 years or less. In contrast, life settlements 
traditionally have involved policies covering older persons (for 
example, 65 or older) who are expected to live more than 2 years. 
[Footnote 3] 

Importantly, life settlements are complex transactions that can take 
several months to complete. Policy owners commonly rely on specialized 
intermediaries to help them understand and complete the transactions. 
As the Senate Special Committee on Aging highlighted in its April 2009 
report, life settlements may have unintended consequences for older 
Americans.[Footnote 4] For example, policy owners entering into life 
settlement transactions may incur unexpected tax liabilities or not be 
able to obtain additional life insurance, if needed, in the future. 
Just as there have been cases of fraud and abuse in viatical 
settlements, there are examples of similar problems with life 
settlements. Abusive business practices by intermediaries include 
charging policy owners excessive commissions, not seeking competitive 
bids for policies from potential buyers, and not providing policy 
owners with all relevant information. 

Recognizing that life settlements can not only provide important 
benefits to older Americans but also pose risks to them, you asked us 
to address the following questions: 

* How is the life settlement market organized? 

* How are the life settlement market and its participants regulated? 

* What challenges are policy owners, investors, and life insurance 
companies facing in connection with the life settlement market? 

We conducted this performance audit from August 2009 to July 2010 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

On April 23, 2010, we provided a briefing to your staff on the results 
of our audit. This report includes the materials used at that briefing 
and the matter for congressional consideration. We have added 
information to the briefing materials as requested during the 
briefing. The full briefing materials, including details on our scope 
and methodology, are reprinted in appendix I. The briefing included 
summary results of our two surveys of state insurance regulators and 
life settlement providers; the full results of those surveys are 
reprinted in appendixes II and III, respectively. 

Background: 

State insurance regulators are responsible for enforcing state 
insurance laws and regulations. They oversee the insurance industry 
through the licensing of agents, approval of insurance products and 
their rates, and examination of insurers' financial solvency and 
market conduct. The National Association of Insurance Commissioners 
(NAIC) assists state regulators with various oversight functions, 
including maintaining databases and coordinating regulatory efforts by 
providing guidance, model laws and regulations, and information-
sharing tools. 

Federal and state securities regulators oversee the securities 
markets, in part to protect investors. The U.S. securities markets are 
subject to a combination of industry self-regulation (with the 
Securities and Exchange Commission's (SEC) oversight) and direct SEC 
regulation. This regulatory scheme was intended to relieve resource 
burdens on SEC by giving self-regulatory organizations, such as the 
Financial Industry Regulatory Authority (FINRA), responsibility for 
most of the daily oversight of the securities markets and broker-
dealers under their jurisdiction.[Footnote 5] In addition, state 
securities regulators administer state securities laws and 
regulations, which include registering nonexempt and noncovered 
securities before they are marketed to investors; licensing broker-
dealers, investment advisers, and their agents; and taking anti-fraud 
and other enforcement actions. 

Over the years, we have made a number of recommendations to encourage 
state regulators to implement a consistent set of insurance 
regulations.[Footnote 6] Given the difficulties of harmonizing 
insurance regulation across states through the NAIC-based structure, 
we reported that Congress could consider the advantages and 
disadvantages of providing a federal charter option for insurance and 
creating a federal insurance regulatory entity.[Footnote 7] We also 
recently developed a framework comprised of nine elements to help 
Congress and others evaluate proposals for financial regulatory 
reform.[Footnote 8] One of these elements is consistent consumer and 
investor protection: market participants should receive consistent, 
useful information, as well as legal protections for similar financial 
products and services, including disclosures, sales practice 
standards, and suitability requirements. Another element is consistent 
financial oversight: the regulatory structure should ensure that 
similar institutions and products are subject to consistent 
regulation, oversight, and transparency, in part to help minimize 
negative competitive outcomes. 

Life Settlement Market Organized Largely as an Informal Network of 
Specialized Intermediaries: 

The life settlement market is organized largely as an informal network 
of specialized intermediaries that facilitate the sale of existing 
life insurance policies by their owners to third-party investors. 
Policy owners may sell their policies directly to investors in some 
cases, but owners and investors commonly use intermediaries to assist 
them with their life settlement transactions. Life settlement brokers 
represent policy owners for a fee or commission and may solicit bids 
for policies from multiple life settlement providers with the goal of 
obtaining the best price. Life settlement providers buy life insurance 
policies on behalf of investors for a fee or commission or for their 
own account. The number of brokers and providers varies widely from 
state to state. 

No comprehensive data exist on the size of the life settlement market, 
but estimates and other data indicate that the market grew rapidly 
from its inception around 1998 until the recent financial crisis. 
Industry estimates of the total face value of policies settled in 2008 
ranged from around $9 billion to $12 billion. Life settlement 
providers responding to our survey reported purchasing policies with a 
total face value of around $5.50 billion, $9.03 billion, $12.95 
billion, and $7.01 billion in 2006, 2007, 2008, and 2009, 
respectively.[Footnote 9] Life settlements traditionally have involved 
high-dollar-amount policies insuring older Americans. Individuals and 
financial institutions, including some banks, hedge funds, and life 
insurance companies, have invested in life settlements by buying 
individual policies, fractionalized interests in individual policies, 
interests in pools of policies, or other products. 

State and Federal Regulators Oversee Various Aspects of the Life 
Settlement Market: 

State insurance and securities regulators and federal securities 
regulators oversee various aspects of the life settlement market. Life 
settlements typically comprise two transactions: (1) the sale of a 
policy by its owner to a provider, which itself is the life settlement 
contract, and (2) the sale of a policy by the provider to an investor. 
The majority of states regulate the first transaction, called the 
front-end transaction, under their insurance laws. The second 
transaction, called the back-end transaction, is regulated under state 
and federal securities laws in certain circumstances. 

NAIC and the National Conference of Insurance Legislators have 
developed model acts to help states craft legislation to regulate 
viatical and life settlements. As of February 2010, 38 states had 
enacted insurance laws and regulations specifically to regulate life 
settlements--many based on one or both of the model acts.[Footnote 10] 
State insurance regulators generally focus on regulating the front-end 
transaction to protect policy owners, such as by imposing licensing, 
disclosure, reporting, and other requirements on brokers and 
providers. Although state insurance laws regulating life settlements 
generally share basic elements, we identified differences between 
state laws through our survey of state insurance regulators.[Footnote 
11] 

State securities regulators and, in certain circumstances, SEC 
regulate investments in life settlements (the back-end transaction) to 
protect investors. Variable life policies are securities; thus, 
settlements involving these policies are securities subject to SEC's 
and FINRA's sales practice rules.[Footnote 12] SEC also has asserted 
jurisdiction over certain types of investments in life settlements of 
nonvariable, or traditional, life insurance policies, but their status 
as securities is unclear because of conflicting decisions from the 
U.S. Courts of Appeals for the District of Columbia and the Eleventh 
Circuit. In 2002, the North American Securities Administrators 
Association (NASAA) issued guidelines for states to regulate viatical 
and life settlement investments under their securities laws. According 
to NASAA and our independent research, all but two states regulate 
investments in life settlements as securities under their securities 
laws. 

Regulatory Inconsistencies May Pose Challenges for Policy Owners, 
Investors, and Life Settlement Intermediaries: 

Inconsistencies in the regulation of life settlements may pose a 
number of challenges. First, life settlements can provide policy 
owners with a valuable option, but policy owners in some states may be 
afforded less protection than policy owners in other states due to 
regulatory inconsistencies. Consequently, such policy owners may face 
greater challenges obtaining information needed to protect their 
interests. Twelve states and the District of Columbia have not enacted 
laws specifically governing life settlements, and disclosure 
requirements can differ among the states that have such laws. Based on 
our survey of state insurance regulators, state regulators have 
conducted a limited number of broker or provider examinations. For 
example, 24 of the 34 state regulators that had the authority to 
examine brokers licensed in their state had not done any such 
examinations in the past 5 years. Similarly, 22 of the 33 state 
regulators that had the authority to examine providers licensed in 
their state had not done so in the past 5 years. In addition to the 
lack of uniformity, policy owners in some states could complete a life 
settlement without knowing how much they paid their brokers or whether 
they received a fair price for their policies, unless such information 
voluntarily was provided to them. 

Second, some individual investors may face challenges obtaining 
adequate information about life settlement investments, including the 
risks associated with such investments. Because of the conflicting 
court decisions (noted previously) on whether investments in life 
settlements are securities and differences in state securities laws, 
individuals in different states investing in the same life settlement 
investment may be afforded different regulatory protections and 
receive different disclosures about their investments. Third, some 
life settlement brokers and providers may face challenges because of 
inconsistencies in laws across states. For example, two brokers and 
four providers told us that regulatory differences between states were 
burdensome or increased their compliance costs. Also, brokers and 
providers told us that some states have adopted laws that impede their 
ability to do business in those states. 

Conclusion: 

Because life settlements and related investments can have 
characteristics of both insurance and securities, their regulatory 
structure involves multiple state and federal regulators. State 
insurance regulators have played the primary role in protecting policy 
owners by regulating the sale of in-force policies by their owners to 
life settlement providers. In turn, state and federal securities 
regulators have played the primary role in protecting investors by 
regulating the sale of life settlement investments. 

We recently developed a framework for assessing proposals for 
modernizing the financial regulatory system.[Footnote 13] One element 
of that framework is consistent consumer and investor protection: 
market participants should receive consistent, useful information and 
legal protection for similar financial products and services, 
including disclosures, sales practice standards, and suitability 
requirements. Another element is consistent financial oversight: the 
regulatory structure should ensure that similar institutions and 
products are subject to consistent regulation, oversight, and 
transparency, in part to help minimize negative competitive outcomes. 

These two elements have not been fully achieved under the current 
regulatory structure of the life settlement market. First, not all 
states have enacted life settlement laws to provide policy owners with 
a minimum level of protection. Second, licensing, disclosure, and 
other requirements differ among some states with life settlement laws, 
resulting in different protections for different policy owners. Third, 
policy owners also can be afforded different protections, depending on 
whether the policy being sold is a variable policy subject to FINRA 
and federal sales practice rules or a nonvariable policy. Although 
variable policies, unlike nonvariable policies, expose their policy 
owners to investment risk, life settlements involving both types of 
policies generally raise the same potential risks for policy owners. 

A potential federal role in the regulation of insurance has been the 
subject of debate, which the current financial crisis has renewed. For 
example, the financial regulation reform legislation currently under 
consideration by Congress would, among other things, create a Federal 
Insurance Office, in part to monitor the insurance industry (other 
than health and crop insurance).[Footnote 14] The bill contains a 
provision directing the office to consult with states on matters of 
national importance and conduct a study on how to modernize and 
improve insurance regulation, including gaps in state regulation. In 
the last decade, we have made a number of recommendations to encourage 
state regulators to implement a consistent set of insurance 
regulations.[Footnote 15] In providing a framework for assessing 
proposals to modernize the financial regulatory system, we recently 
reported that Congress could consider the advantages and disadvantages 
of providing a federal charter option for insurance and creating a 
federal insurance regulatory entity because of the difficulties in 
harmonizing insurance regulation across states through the NAIC-based 
structure.[Footnote 16] 

Matter for Congressional Consideration: 

As Congress continues to consider how best to reform the regulatory 
structure of the financial services sector, life settlements offer 
another example of products that may lack clear comprehensive 
regulation. Therefore, Congress may wish to consider taking steps to 
help ensure that policy owners involved in life settlement 
transactions are provided a consistent and minimum level of protection. 

Agency Comments and Our Evaluation: 

We provided the Chairman of SEC, the Commissioner of Internal Revenue, 
and the Chief Executive Officer of NAIC with a draft of this report 
for their review and comment. We received written comments from SEC 
and NAIC, which are summarized below and reprinted in appendixes IV 
and V. SEC also provided us with technical comments that were 
incorporated in the report where appropriate. The Internal Revenue 
Service did not provide any written comments. SEC generally agreed 
with our conclusions and matter for congressional consideration. NAIC 
and not state whether it agreed or disagreed with our matter for 
congressional consideration but raised related concerns. 

In commenting on a draft of the report, SEC stated that it agreed with 
our matter for congressional consideration and, based on the work of 
its Life Settlement Task Force, believes that enhanced investor 
protections should be introduced into the life settlement market. SEC 
noted that investors often face challenges in obtaining adequate 
information about life settlement investments and, as indicated in our 
report, may be afforded different regulatory protections and receive 
different disclosures, depending on where they reside. According to 
SEC, these are issues that should be addressed through clarification 
of regulatory authority. In that connection, SEC's Life Settlement 
Task Force has focused its review on enhancing investor protections 
and addressing regulatory gaps in the life settlement market and is 
expected to make recommendations to the commission along those lines. 

In commenting on a draft of this report, NAIC's Chief Operating 
Officer and Chief Legal Officer summarized our matter for 
congressional consideration but noted that NAIC disagrees that an 
option for a federal charter for insurance is an appropriate solution 
for the life settlement market. He also noted that NAIC objects to the 
inclusion of a discussion of federal chartering for insurers or the 
creation of a federal insurance regulatory entity, as neither proposal 
has included any federal role in the life settlement market. Our 
references to federal chartering and a federal insurance regulatory 
entity in the conclusions served to illustrate the debate over the 
advantages and disadvantages of a federal role in the regulation of 
insurance, given the difficulties of harmonizing insurance regulation 
across the states. As discussed in our report, states also have faced 
difficulties in harmonizing their life settlement regulations. Because 
of regulatory inconsistencies, policy owners in some states may be 
afforded less protection than policy owners in other states, and 
addressing this issue should be part of any regulatory reform effort. 
Our matter for congressional consideration seeks to raise this as an 
issue to be considered but does not provide any specific approach that 
Congress should take. While NAIC discusses potential approaches that 
it views as inappropriate--regulation through federal chartering or a 
federal regulatory agency--other approaches have been taken to 
harmonize state insurance regulations. For example, in 1999, Congress 
passed the Gramm-Leach-Bliley Act, which encouraged states to enact 
uniform laws and regulations for licensing insurers or reciprocity 
among states when licensing insurers that operate across state lines. 
[Footnote 17] 

The NAIC official also commented that our report did not mention that 
policy owners entering into life settlements have received, in the 
aggregate, a small fraction of the face value of their policies (based 
on our provider survey)--indicating that such transactions are a poor 
financial choice for most consumers. The costs and benefits provided 
by life settlements to policy owners has been a controversial issue. 
For example, some have noted that policy owners could maximize their 
estate value by liquidating assets other than their life insurance 
policies, and others have noted that life settlements offer policy 
owners an alternative to surrendering their policies for their cash 
value, which also typically is a small fraction of the face value of 
the policies. As we noted in our report, life settlements can provide 
policy owners with a valuable option, but policy owners can face 
challenges in assessing whether a life settlement is their best option 
or knowing whether they are being offered a fair price for their 
policy. 

As agreed with your office, unless you publicly release its contents 
earlier, we plan no further distribution of this report until 30 days 
from its date of issue. At that time, we will send copies of this 
report to interested congressional committees, the Chairman of SEC, 
Commissioner of Internal Revenue, Chief Executive Officer of NAIC, and 
others. In addition, the report will be available at no charge on 
GAO's Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions concerning this report, please 
contact me at (202) 512-8678 or williamso@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix VI. 

Signed by: 

Orice Williams Brown: 
Director, Financial Markets and Community Investment: 

[End of section] 

Appendix I: Briefing to Congressional Staff on Life Insurance 
Settlements: 

Briefing to the Senate Special Committee on Aging: 

Review of Life Insurance Settlements (Life Settlements): 

April 23, 2010: 

Briefing Outline: 
* Objectives; 
* Scope and Methodology; 
* Background; 
* Summary; 
* Life Settlement Market Is Organized Largely as an Informal Network 
of Specialized Intermediaries; 
* State and Federal Regulators Oversee Various Aspects of the Life 
Settlement Market; 
* Regulatory Inconsistencies May Raise Challenges for Policy Owners, 
Investors, and Life Settlement Intermediaries; 
* Conclusions; 
* Matters for Congressional Consideration. 

Objectives: 

As you requested, our review addresses the following three questions. 

How is the life settlement market organized? 

How are the life settlement market and its participants regulated? 

What challenges are policy owners, investors, and life insurance 
companies facing in connection with the life settlement market? 

Scope and Methodology: 

For objective one, we: 

* Reviewed and analyzed academic and other studies on life settlements 
and related investments, materials collected from the Web sites of 
life settlement brokers and providers, and information from firms 
offering life settlement investments. 

* Reviewed licensing records in 34 states (where providers were 
required to be licensed) to compile a list of providers. We then 
conducted a survey of those 49 providers licensed in two or more 
states to collect data on their settlement transactions over the past 
4 years. We received responses from 25 providers. 

* Interviewed seven providers, four brokers, three institutional 
investors, the Securities and Exchange Commission (SEC), the Financial 
Industry Regulatory Authority (FINRA), three state insurance 
regulators, three state securities regulators, the National 
Association of Insurance Commissioners (NAIC), the North American 
Securities Administrators Association (NASAA), the Life Insurance 
Settlement Association (LISA), the Life Settlement Institute (LSI), 
the Institutional Life Markets Association (ILMA), the Insurance 
Studies Institute, and three attorneys specializing in life 
settlements. We attended two life settlement industry conferences. 

For objective two, we: 

* Reviewed and analyzed state insurance laws and regulations; state 
and federal securities laws and regulations; federal and state court 
cases, as well as SEC and state securities enforcement actions 
involving life settlements or related investments; model acts or 
similar guidance created by NAIC, the National Conference of Insurance 
Legislators (NCOIL), and NASAA; academic, regulatory, and other 
studies on the regulation of life settlements; and related GAO reports. 

* We conducted a survey of state regulators from 50 states and the 
District of Columbia to obtain information about their life settlement 
laws and regulations. We received responses from 45 states and the 
District of Columbia. For this objective, we generally interviewed the 
same entities identified in objective one. 

For objective three, we synthesized the results from the studies and 
other materials collected for objectives one and two. In addition to 
the entities identified above, we interviewed officials from the 
Internal Revenue Service, two life insurers, the American Council of 
Life Insurers (ACLI), the National Association of Insurance and 
Financial Advisors, AARP, the Center for Economic Justice, and two 
credit rating agencies. 

We conducted this performance audit from August 2009 to July 2010 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

Life settlements are the sale of existing, or in-force, life insurance 
policies by their owners. 

* A U.S. Supreme Court decision in 1911 (Grigsby v. Russell, 222 U.S. 
149) determined in effect that a valid life insurance policy is 
personal property that may be sold by its owner. 

* Historically, policy owners who have had unneeded or unaffordable 
life insurance could surrender their policies to their life insurers 
for the cash surrender value. Life settlements provide owners with 
another option—the potential to sell their policies for an amount 
greater than the cash surrender value of the policies. 

* Life settlements evolved from viatica! settlements in the late 
1990s. Viatical settlements involved the sale of insurance policies by 
terminally or chronically ill persons expected to live 2 years or 
less. Life settlements typically involve the sale of policies by 
healthier persons expected to live more than 2 years. 

* The life settlement industry distinguishes between viatica! and life 
settlements based on the insured's life expectancy, but some 
regulators do not. For example, some state insurance laws broadly 
define the term "viatical settlements" to include life settlements. We 
generally use the term "life settlements" to refer to sales of 
policies covering insured persons expected to live more than 2 years. 

* Life settlements gave rise to stranger-originated life insurance 
(STOLI) around the early 2000s. STOLI generally is the origination of 
a life insurance policy for the benefit a person who has no insurable 
interest in the insured when the policy is issued. STOLI also has been 
referred to as investor-originated life insurance and speculator-
initiated life insurance. 

In a life settlement transaction, a policy owner sells a policy to an 
investor (or other buyer) for an agreed upon amount, typically for 
more than the policy's cash surrender value but less than the policy's 
face value (or death benefit). In exchange for the payment, the 
investor becomes the new policy owner—responsible for paying the 
policy's premiums and entitled to receive the policy's death benefit 
when the insured dies. 

* Policy owners sell their policies because they no longer need the 
insurance or can no longer afford to pay the premiums. For example, a 
policy owner may no longer need the insurance because the intended 
beneficiary had died. 

* Investors can profit from a life settlement by receiving a death 
benefit that is greater than the cost of acquiring and owning the 
policy. The amount of the death benefit is known when the policy is 
bought, but the date when the insured will die and the death benefit 
will be paid is not known.
		
State insurance regulators are responsible for enforcing state 
insurance laws and regulations. 

* State insurance regulators oversee the insurance industry through 
the licensing of agents, approval of insurance products and their 
rates, and examination of insurers' financial solvency and market 
conduct. 

* NAIC assists state regulators with various oversight functions, 
including maintaining databases and coordinating regulatory efforts by 
providing guidance, model laws and regulations, and information-
sharing tools. 

Federal and state securities regulators oversee the securities 
markets, in part to protect investors. 

* The U.S. securities markets are subject to a combination of industry 
self-regulation (with SEC oversight) and direct SEC regulation. This 
regulatory scheme was intended to relieve resource burdens on SEC by 
giving self-regulatory organizations, such as FINRA, responsibility 
for much of the daily oversight of the securities markets and broker-
dealers under their jurisdiction. 

* State securities regulators administer state securities laws and 
regulations, which include registering nonexempt and noncovered 
securities before they are marketed to investors; licensing broker-
dealers, investment advisers, and their agents; and taking antifraud 
and other enforcement actions. 

Summary: 

The life settlement market is organized largely as an informal network 
of specialized intermediaries that facilitate the sale of existing 
life insurance policies by their owners to third-party investors. 

* Policy owners and investors can transact directly but commonly use 
intermediaries. Life settlement brokers represent policy owners and 
may solicit bids for their policies from multiple life settlement 
providers with the goal of obtaining the best price. In turn, 
providers sell policies to investors. The number of brokers and 
providers varies widely from state to state. 

* No comprehensive life settlement data exist, but estimates indicate 
the market grew rapidly from 1998 until the recent financial crisis. 
Estimates of the total face value of policies settled in 2008 ranged 
from around $9 billion to $12 billion. Life settlements traditionally 
have involved high dollar amount policies insuring older Americans. 

* Individuals and financial institutions, including some banks, hedge 
funds, and life insurers, have invested in life settlements by buying 
individual policies, fractionalized interests in individual policies, 
interests in pools of policies, or other products. 

State insurance and securities regulators, combined with federal 
securities regulators, oversee various aspects of the life settlement 
market. 

* Life settlements typically comprise a front-end transaction—the sale 
of a policy by its owner (e.g., the insured) to a provider—and a back-
end transaction—the sale of a policy by the provider to an investor. 

* As of February 2010, 38 states have enacted insurance laws and 
regulations specifically to regulate life settlements.[Footnote 18] 
State insurance regulators generally focus on regulating the front-end 
transaction to protect policy owners, such as by imposing licensing, 
disclosure, reporting, and other requirements on brokers and providers. 

* State securities regulators and, in certain circumstances, SEC 
regulate investments in life settlements (the back-end transaction) to 
protect investors. Variable life policies are securities; thus, 
settlements involving these policies are securities subject to its 
jurisdiction. SEC also has asserted jurisdiction over certain types of 
investments in life settlements of nonvariable, or traditional, 
insurance policies, but their status as securities is unclear because 
of a split between two federal circuit courts. 

* According to NASAA and our own independent research, all but two 
states regulate investments in life settlement as securities under 
their securities laws. 

Regulatory inconsistencies may pose a number of challenges. 

* Life settlements can provide policy owners with a valuable option, 
but owners may face challenges obtaining adequate information. Twelve 
states and the District of Columbia have not enacted laws governing 
life settlements, and disclosure requirements can differ among the 
other states. In addition to the lack of uniformity, the potential 
exists for policy owners to complete a life settlement without knowing 
how much they paid their brokers or whether they received a fair price 
for their policies, unless such information is provided voluntarily to 
them. 

* Some individual investors may face challenges obtaining adequate 
information about life settlement investments. Due to conflicting 
decisions by the U.S. Courts of Appeals for the District of Columbia 
and the Eleventh Circuit on whether investments in viatica! 
settlements are securities and differences in state laws, individuals 
in different states investing in the same type of life settlement 
investment may be afforded different regulatory protections and 
receive different disclosures about their investment. 

* Some life settlement brokers and providers may face challenges 
because of inconsistencies in the life settlement laws across states. 
For example, brokers and providers told us that some states have 
adopted laws that impede their ability to do business in those states. 

As Congress considers how best to reform the regulatory structure of 
the financial services sector, it may wish to consider taking steps to 
help ensure that policy owners involved in life settlement 
transactions are provided a consistent and minimum level of protection. 

Objective 1: Life Settlement Market Organized Largely as an Informal
Network of Specialized Intermediaries: 

Policy owners may sell their policies directly to investors in some 
cases, but owners and investors commonly use intermediaries, including 
agents, life settlement brokers, and life settlement providers, to 
assist them with their life settlement transactions (see figure 1). 
Often the provider transfers the commission payment to the broker from 
the proceeds of the sale. 

Figure 1: Diagram of a Life Settlement Transaction and Its 
Participants: 

[Refer to PDF for image: illustration] 

Policy owner: obtains policy; 

Life settlement provider: sells policy to investor; 

Investor: makes payment to Life settlement provider; 

Life settlement provider: make payment to Policy owner; 
- commission goes to Life settlement broker/agent; 
- Policy owner may be assisted by an agent and/or a life
settlement broker. The agent or the broker gets offers from life
settlement providers, and the policy owner decides which, if any, 
offer to accept. 

Source: GAO analysis of industry studies. 

[End of figure] 

Agents typically are insurance agents who assist policy owners with 
their transactions for a fee or commission. 

* Agents may help policy owners determine whether to sell their 
policies, complete a life settlement application, and hire a life 
settlement broker. 

* Generally, in states that regulate life settlements, a life 
insurance agent licensed by the state may serve as a life settlement 
broker, subject to the duties and responsibilities imposed on such 
brokers, but does not have to register as one. In nonregulated states, 
an agent may not be subject to similar duties and requirements. 

* In regulated states, financial planners, accountants, and attorneys 
retained and paid by the policy owner are not regulated as life 
settlement brokers. 

Life settlement brokers negotiate the sale of a life insurance policy 
between the policy owner and buyer, namely a life settlement provider, 
for a fee or commission. 

* Brokers represent policy owners, and policy owners can negotiate 
their broker's commission. State laws typically provide that 
regardless of the manner in which the broker is compensated, the 
broker owes a fiduciary duty to the policy owner. 

* According to four providers we interviewed, commissions are 
negotiated between policy owners and their brokers, but providers pay 
brokers their commissions from the proceeds provided by investors. One 
provider said that this approach is similar to the way commissions are 
paid in real estate transactions. 

* Broker services may include obtaining a life expectancy estimate on 
the insured, gathering required documents (such as medical forms), and 
soliciting offers for the policy from multiple providers with the goal 
of obtaining the best price for the policy. 

* Based on our survey of state insurance regulators, we found that the 
number of licensed life settlement brokers varied considerably across 
the 29 states that imposed a licensing requirement on brokers and 
provided us with data on the number of their licensed brokers (see 
figure 2).[Footnote 19] 

Figure 2: Number of Licensed Life Settlement Brokers in States 
Responding to Our Survey: 

[Refer to PDF for image: vertical bar graph] 

State: Vermont; 
Number of Licensed Life Settlement Brokers: 0. 

State: Rhode Island; 
Number of Licensed Life Settlement Brokers: 0. 

State: West Virginia; 
Number of Licensed Life Settlement Brokers: 6. 

State: Minnesota; 
Number of Licensed Life Settlement Brokers: 11. 

State: California; 
Number of Licensed Life Settlement Brokers: 15. 

State: North Dakota; 
Number of Licensed Life Settlement Brokers: 16. 

State: Alaska; 
Number of Licensed Life Settlement Brokers: 23. 

State: Idaho; 
Number of Licensed Life Settlement Brokers: 26. 

State: Montana; 
Number of Licensed Life Settlement Brokers: 28. 

State: Nevada; 
Number of Licensed Life Settlement Brokers: 37. 

State: Oklahoma; 
Number of Licensed Life Settlement Brokers: 52. 

State: Connecticut; 
Number of Licensed Life Settlement Brokers: 54. 

State: Tennessee; 
Number of Licensed Life Settlement Brokers: 57. 

State: Washington; 
Number of Licensed Life Settlement Brokers: 59. 

State: Mississippi; 
Number of Licensed Life Settlement Brokers: 67. 

State: Nebraska; 
Number of Licensed Life Settlement Brokers: 81. 

State: Iowa; 
Number of Licensed Life Settlement Brokers: 82. 

State: Hawaii; 
Number of Licensed Life Settlement Brokers: 84. 

State: Oregon; 
Number of Licensed Life Settlement Brokers: 92. 

State: Kentucky; 
Number of Licensed Life Settlement Brokers: 93. 

State: Louisiana; 
Number of Licensed Life Settlement Brokers: 118. 

State: Ohio; 
Number of Licensed Life Settlement Brokers: 225. 

State: Colorado; 
Number of Licensed Life Settlement Brokers: 287. 

State: Virginia; 
Number of Licensed Life Settlement Brokers: 308. 

State: North Carolina; 
Number of Licensed Life Settlement Brokers: 312. 

State: Texas; 
Number of Licensed Life Settlement Brokers: 424. 

State: Florida; 
Number of Licensed Life Settlement Brokers: 503. 

State: Pennsylvania; 
Number of Licensed Life Settlement Brokers: 607. 

State: New Jersey; 
Number of Licensed Life Settlement Brokers: 661. 
					
Source: GAO survey of state insurance regulators. 

[End of figure] 
		
Life settlement providers purchase life insurance policies from policy 
owners, agents, or life settlement brokers on behalf of investors for 
a fee or commission or for their own account. 

* Providers sell policies to investors. 

* Provider activities may include ensuring that documents comply with 
applicable laws, representing investors in the bidding process, and 
servicing policies after transactions are completed. 

* Based on our survey of state insurance regulators, we found that the 
number of licensed life settlement providers varied considerably 
across the 32 states that imposed a licensing requirement on providers 
and provided us with data on the number of their licensed providers 
(see figure 3). 

Figure 3: Number of Licensed Life Settlement Providers in States 
Responding to Our Survey: 

[Refer to PDF for image: vertical bar graph] 

State: Rhode Island; 
Number of Licensed Life Settlement Providers: 0. 

State: Idaho; 
Number of Licensed Life Settlement Providers: 1. 

State: Alaska; 
Number of Licensed Life Settlement Providers: 3. 

State: Oregon; 
Number of Licensed Life Settlement Providers: 5. 

State: Vermont; 
Number of Licensed Life Settlement Providers: 6. 

State: West Virginia; 
Number of Licensed Life Settlement Providers: 7. 

State: North Dakota; 
Number of Licensed Life Settlement Providers: 9. 

State: California; 
Number of Licensed Life Settlement Providers: 10. 

State: Montana; 
Number of Licensed Life Settlement Providers: 12. 

State: Nebraska; 
Number of Licensed Life Settlement Providers: 13. 

State: Washington; 
Number of Licensed Life Settlement Providers: 14. 

State: Illinois; 
Number of Licensed Life Settlement Providers: 14. 

State: Florida; 
Number of Licensed Life Settlement Providers: 14. 

State: Ohio; 
Number of Licensed Life Settlement Providers: 17. 

State: Minnesota; 
Number of Licensed Life Settlement Providers: 17. 

State: Louisiana; 
Number of Licensed Life Settlement Providers: 17. 

State: Oklahoma; 
Number of Licensed Life Settlement Providers: 18. 

State: Iowa; 
Number of Licensed Life Settlement Providers: 19. 

State: Nebraska; 
Number of Licensed Life Settlement Providers: 21. 

State: Maine; 
Number of Licensed Life Settlement Providers: 21. 

State: Colorado; 
Number of Licensed Life Settlement Providers: 23. 

State: Utah; 
Number of Licensed Life Settlement Providers: 24. 

State: Mississippi; 
Number of Licensed Life Settlement Providers: 27. 

State: New Jersey; 
Number of Licensed Life Settlement Providers: 30. 

State: Virginia; 
Number of Licensed Life Settlement Providers: 34. 

State: Pennsylvania; 
Number of Licensed Life Settlement Providers: 35. 

State: Tennessee; 
Number of Licensed Life Settlement Providers: 38. 

State: North Carolina; 
Number of Licensed Life Settlement Providers: 42. 

State: Connecticut; 
Number of Licensed Life Settlement Providers: 44. 

State: Kentucky; 
Number of Licensed Life Settlement Providers: 45. 

State: Hawaii; 
Number of Licensed Life Settlement Providers: 47. 

State: Texas; 
Number of Licensed Life Settlement Providers: 62. 

Source: GAO survey of state insurance regulators. 

[End of figure] 
		
Life settlement transactions also can involve other participants, such 
as life expectancy underwriters life insurance companies and escrow 
agents. 

The life settlement market is organized largely as an informal network 
of specialized intermediaries that facilitate the sale of existing 
life insurance policies by their owners to investors. 

To sell their policies, owners or brokers typically solicit bids for 
the policies from providers. 

* The value of a policy depends on a range of factors, including the 
life expectancy of the insured and the policy's death benefit. Life 
settlement brokers can play a key role in settlement transactions by 
controlling which providers are permitted to bid on a policy. 

* Brokers establish working relationships with a number of providers 
and may have a process for reviewing and approving the providers with 
which they will do business. Likewise, providers may have a process 
for reviewing and approving brokers. 

* Brokers solicit bids on policies from one or more providers, in part 
depending on whether (1) the policy's parameters (for example, 
policy's face value and insured's life expectancy) match the 
specifications of the providers and (2) the providers are licensed, if 
required. 

* Providers value the policies and, if interested, bid on them.
23 

* Some life settlement providers buy policies through other 
intermediaries, such as insurance agents, financial planners, or 
securities broker-dealers. 

* Electronic trading platforms have been developed to help facilitate 
the buying and selling of life insurance policies. However, two 
brokers and three providers told us such platforms generally provide 
little cost savings and are not widely used. 

No comprehensive life settlement data exist, but various estimates 
indicate that the market grew rapidly until the recent financial 
crisis. 

* A securities research firm estimated that the total face value of 
policies settled in 1998, around the time life settlements emerged, 
was $0.2 billion. 

* A provider and consulting firm separately estimated that the total 
face value of policies settled in 2008 was about $9 billion to $12 
billion. 

* Two brokers and three providers told us that the recent credit 
crisis generally has led to a reduction in investor demand for life 
settlements and an excess in supply of policies for sale in 2008 and 
2009. 

To compile data on the size of the life settlement market, we 
conducted a survey of 49 providers that were licensed in two or more 
states, and 25 providers responded to our survey. 

* We identified 34 states that required providers to be licensed and 
obtained a list of providers licensed in each of these states (as of 
September 2009). Based on these lists, we identified 98 providers, of 
which 55 were licensed in two or more states. However, we were able to 
contact only 49 of these providers for our survey. 

Because no comprehensive life settlement data exist, we were not able 
to estimate the share of the market held by 25 providers responding to 
our survey. 

* Table 1 summarizes some of our survey results. 

Table 1: Total Number of Policies Settled, Face Value of Policies 
Settled, Amount Paid to Policy Owners, and Commissions Paid to Brokers 
for 2006—2009: 

Year: 2006; 
Total number of	policies settled: 3,148; 
Total face value of policies settled (in billions): $5.50; 
Total amount paid to policy owners (in billions): $1.17; 
Total commissions paid to brokers (in billions): $0.20. 

Year: 2007; 
Total number of	policies settled: 3,703; 
Total face value of policies settled (in billions): $9.03; 
Total amount paid to policy owners (in billions): $1.80; 
Total commissions paid to brokers (in billions): $0.26. 

Year: 2008; 
Total number of	policies settled: 4,505; 
Total face value of policies settled (in billions): $12.95; 
Total amount paid to policy owners (in billions): $2.32; 
Total commissions paid to brokers (in billions): $0.28. 

Year: 2009; 
Total number of	policies settled: 2,636; 
Total face value of policies settled (in billions): $7.01; 
Total amount paid to policy owners (in billions): $0.89; 
Total commissions paid to brokers (in billions): $0.09. 

Source: GAO survey of life settlement providers. 

[End of table] 

Various data indicate that life settlements traditionally have 
involved high-face-value policies insuring older Americans. 

Based on a sample of 1,020 policies settled in 2008, Life Policy 
Dynamics, a consulting firm, found that the average face value per 
policy was nearly $2.3 million and the average age of the insured male 
and female were 76.8 years and 81.1 years, respectively. 

Based on a sample of 3,138 policies settled in 2006, LISA reported 
that the average face value per policy was nearly $2.1 million. 

Based on our review of 29 provider Web sites, we found these providers 
were interested in buying policies with the following parameters: 

* Minimum age of the insured ranged from 60 to 70 years old, 

* Minimum face value of the policy ranged from $25,000 to $1 million, 

* Maximum face value of the policy ranged from $5 million to $100 
million, 

* Minimum life expectancy ranged from 2 to 4 years, 

* Maximum life expectancy ranged from 10 to 21 years, and, 

* Types of life insurance policies included universal, whole, 
convertible term, and variable policies. 

Individuals and financial institutions, including banks, hedge funds, 
and life insurance companies, have invested in life settlements 
through several different products or instruments. 

* Investors may chose life settlements to diversify their portfolios 
(viewing life settlement returns as not being correlated with returns 
on equities and other traditional investments) or for other purposes. 

* However, returns on life settlements depend on when the insured 
persons die, which cannot be predicted precisely. If the insured 
persons live longer than estimated, investors may pay more than 
expected in policy premiums—reducing their return. 

Products or instruments through which investors can invest in life 
settlements include individual policies; portfolios of individual 
policies; fractionalized interests in individual policies; and 
interests in pools of policies, such as life settlement funds and 
asset-backed securities. 

* Institutional investors tend to buy individual policies or 
portfolios of policies, and individual investors tend to buy 
fractionalized interests in individual policies or interests in pools 
of policies. 

[End of Objective 1] 

Objective 2: State and Federal Regulators Oversee Various Aspects of the
Life Settlement Market: 

Life settlements typically comprise two transactions: (1) the sale of 
a policy by the owner to a provider, which itself is the life 
settlement contract, and (2) the sale of the policy or an interest in 
the policy or its proceeds by providers to investors. 

* The majority of states regulate the first transaction, called the 
front-end transaction, under their insurance laws. However, in at 
least one circumstance, when the life settlement involves the sale of 
a variable life insurance policy, the front-end transaction also is 
regulated under the federal securities laws. 

* The second transaction, called the back-end transaction, is 
regulated under state securities laws and, in certain circumstances, 
federal securities laws. 

To protect policy owners involved in life settlements, NAIC and NCOIL 
have developed model acts to help states craft legislation to regulate 
viatical and life settlements. 

* In 1993, following the emergence of viatica! settlements, NAIC 
developed the Viatica! Settlements Model Act. Viatica! settlements did 
not precisely fit within the definition of insurance activity on which 
regulators usually focused, but insurance consumers were being harmed 
in these transactions, leading state insurance regulators to develop a 
model act. 

* In 2000, following the emergence of life settlements, NCOIL 
developed the Life Settlements Model Act and revised the act in 2004 
to address the growing life settlement market. 

* In 2001, NAIC extensively revised its model act and expanded the 
act's definition of viatical settlement to include life settlements. 

In 2007, following the emergence of stranger-originated life insurance 
(STOLI), NAIC and NCOIL revised their model acts to prohibit, in 
effect, life settlements involving STOLI policies. 

* STOLI generally is the origination of a life insurance policy for 
the benefit of a person who has no insurable interest in the insured 
when the policy is issued. Such arrangements attempt to circumvent 
state insurable interest laws—under which many states require a person 
to be related by blood or law, have an interest engendered by 
affection, or have an economic interest in the continued life of the
insured. 

* According to life insurance officials and others, STOLI emerged 
around 2003, when the supply of existing life insurance policies 
eligible for life settlements could not meet investor demand for such 
policies. 

* Unlike life settlements, STOLI involves the issuance of a new policy 
without an insurable interest, but STOLI policies subsequently can be 
sold and, thus, become life settlements. 

Over time, the majority of states have enacted laws or modified 
existing regulations to regulate life settlements under their 
insurance laws and regulations—many of which were based on a version 
of the NAIC model act, a version of the NCOIL model act, or a 
combination of both. 

* As of February 2010, 38 states have enacted insurance laws or 
regulations to regulate life settlements, and 12 states and the 
District of Columbia have not. 

* State insurance laws and regulations covering life settlements focus 
primarily on protecting policy owners by regulating activities and 
professionals involving the sale of a policy by its owner to a 
provider (front-end transaction). 

* State life settlement laws and regulations generally (1) require 
licensing of providers and brokers; (2) require filing and approval of 
settlement contract forms and disclosure statements; (3) describe the 
content of disclosures that must be made by brokers and providers; (4) 
impose periodic reporting requirements on providers; (5) prohibit 
certain business practices deemed to be unfair; and (6) provide 
insurance regulators with examination and enforcement authority. 

Although state insurance laws regulating life settlements generally 
share the same basic elements, differences exist between state laws. 
Based on the 34 states that responded to our survey and reported 
regulating life settlements, some of the differences between their 
life settlement laws or regulations include the following (see tables 
2 through 7).[Footnote 20] 

Table 2: Licensing and Bond Requirements: 

Does your state require the policy owner's broker to be licensed? 
Yes: 33; 
No: 1. 

Does your state require the policy owner's provider to be licensed? 
Yes: 33; 
No: 1. 

Does your state require the policy owner's broker to complete 
continuing education requirements related to life settlements on a 
periodic basis?
Yes: 16; 
No: 17. 

Does your state impose a fiduciary duty on brokers to their clients?
Yes: 31; 
No: 2. 

Does your state require the policy owner's broker to demonstrate 
evidence of its financial responsibility through a surety bond or 
similar means? 
Yes: 11; 
No: 21. 

Source: GAO survey of state insurance regulators. 

[End of table] 

Table 3: Reporting Requirements: 

Does your state require providers to submit data periodically on 
settlement transactions executed within your state?	
Yes: 31; 
No: 3. 

Does your state require providers to submit data periodically on 
settlement transactions executed outside of your state?	
Yes: 15; 
No: 19. 

Does your state require providers to submit data periodically on 
enforcement actions in which they are involved within or outside of 
your state?	
Yes: 22; 
No: 12. 

Source: GAO survey of state insurance regulators. 

[End of table] 

Table 4: Disclosure Requirements: 

Does your state require brokers to provide policy owners with a 
written disclosure of the risks associated with a life settlement?
Yes: 32; 
No: 2. 

Does your state require brokers to provide policy owners with a 
written disclosure of the risks associated with a life settlement at 
the time of application or at least when the application is signed?
Yes: 26; 
No: 6. 

Does your state require brokers to disclose to policy owners the 
amount of their compensation in writing?
Yes: 22; 
No: 10. 

Does your state require brokers to disclose to policy owners the 
method for calculating their compensation in writing?
Yes: 19; 
No: 13. 

Does your state require providers to disclose to policy owners the 
amount of the broker's compensation in writing?
Yes: 21; 
No: 13. 

Does your state require providers to disclose to policy owners the 
method for calculating the broker's compensation in writing?
Yes: 19; 
No: 15. 

Source: GAO survey of state insurance regulators. 

[End of table] 

Table 5: Disclosure Requirements (Continued): 

Does your state require brokers to disclose to policy owners all 
offers, counter-offers, acceptances, and rejections relating to a 
proposed life settlement contract?
Yes: 20; 
No: 12. 

Does your state require brokers to disclose any affiliation between 
the broker and the person making an offer for the life settlement 
contract?
Yes: 23; 
No: 9. 

Does your state require brokers or providers to disclose that brokers 
owe the policy owners a fiduciary duty?
Yes: 22; 
No: 11. 

Does your state require brokers or providers to disclose that the 
proceeds for a life settlement may be taxable?
Yes: 33; 
No: 0. 

Does your state require brokers or providers to disclose that a life 
settlement can affect the insured's ability to purchase life insurance 
in the future?
Yes: 19; 
No: 14. 

Source: GAO survey of state insurance regulators. 

[End of table] 

Table 6: Approval of Disclosure Statements: 

Does your state require brokers to have their disclosure statements 
(provided to policy owners) approved by an appropriate regulator?
Yes: 30; 
No: 4. 

Does your state require providers to have their disclosure statements 
(provided to policy owners) approved by an appropriate regulator?
Yes: 33; 
No: 1. 

Source: GAO survey of state insurance regulators. 

[End of table] 

Table 7: Other Requirements and Rules: 

Does your state require marketing materials by entities soliciting 
potential policy owners for life settlements to be approved by an 
appropriate regulator? 
Yes: 14; 
No: 20. 

Does your state prohibit brokers from conducting sales with any 
provider, financing, entity, or related provider trust, that is 
controlling, controlled by, or under common control with such broker?
Yes: 15; 
No: 19. 

Source: GAO survey of state insurance regulators. 

[End of table] 

In addition to state insurance regulators, state securities regulators 
and, in certain circumstances, SEC oversee investments in life 
settlements under their securities laws to protect investors. 

* Sales of variable life insurance policies—in both the front-and back-
end transactions—are securities transactions under the federal 
securities laws. 

* Variable life insurance policies build cash value through the 
investment of premiums into separate investment options and offer an 
income tax-free death benefit to the beneficiaries. The cash value and 
death benefit vary based on the performance of the underlying 
investment choices. These policies are similar to traditional, or 
nonvariable, life insurance, except that the policy owners have 
investment choices in connection with the underlying assets. 

* Because policy owners assume investment risk under their variable 
policies, these policies are securities. As a result, life settlements 
and related investments involving variable policies are securities 
transactions subject to SEC jurisdiction. 

Investments in nonvariable life policies do not expressly fall under 
the definition of a security but still can be subject to securities 
laws. 

* As noted above, investors can invest in life settlements by buying 
individual policies, a portfolio of policies, fractionalized interests 
in individual policies, or interests in a pool of policies. These 
policies can include variable or nonvariable insurance policies. 

* Under the federal securities laws, the statutory definition of a 
security does not expressly include life settlement investments but 
does include the term "investment contract." In SEC v. W.J. Howey Co., 
the Supreme Court held that an investment contract is a security if 
the investors expect profits from a common enterprise that depends 
upon the efforts of others.[Footnote 21] This definition is used to 
determine whether an instrument is an investment contract (called the 
investment contract test). 

* Providers or other third parties may seek to structure investments 
in life settlements in a way that makes them fall outside the 
definition of an investment contact and, thus, not subject to the 
federal securities laws. 

Applying the investment contract test, SEC has asserted that certain 
life settlement investments involving nonvariable insurance policies 
are investment contracts and, thus, subject to its jurisdiction, but 
the federal courts have not reached a uniform decision on this issue. 

* In SEC v. Life Partners, SEC brought an enforcement action against a 
provider for selling fractionalized interests in viatical settlements 
without registering them as securities.[Footnote 22] In 1996, the D.C. 
Circuit Court concluded that the interests were not investment 
contracts and, thus, not subject to the federal securities laws. 

* In SEC v. Mutual Benefits Corp., SEC brought an enforcement action 
against a provider for fraud in connection with its sale of 
fractionalized interests in viatica! settlements.[Footnote 23] In 
2005, the Eleventh Circuit found the interests were investment 
contracts and subject to the federal securities laws. 

* The federal courts have not addressed whether the sale of an 
individual nonvariable policy by a provider to an investor is a 
security under the federal securities laws. 

Life settlement investments that are securities under the federal 
securities laws must be registered, unless they qualify for an 
exemption. Moreover, entities selling these investments must be 
registered as securities broker-dealers and are subject to FINRA's 
sales practice rules (discussed below). 

SEC and FINRA have used various tools to monitor life settlements and 
related investments. 

* FINRA has issued various notices, reviewed applications by broker-
dealers to add life settlements to their business activities, and 
examined broker-dealers involved in life settlements. 

* SEC has taken enforcement actions to protect investors. 

* SEC recently formed a life settlement task force to examine emerging 
issues in the life settlement market and advise SEC on whether market 
practices and regulatory oversight can be improved. According to SEC 
staff, the task force may issue a public report based on its work and, 
if warranted, include recommendations. 

According to NASAA and our own independent research, all but two 
states regulate investments in life settlements under their state 
securities laws. 

* Because of the Life Partners decision, NASAA issued guidelines in 
2002 for states to regulate viatica! investments under their 
securities laws. 

* NASAA noted that state securities regulators were not bound by the 
decision and took the position that investments in viatica! 
settlements, broadly defined to include life settlements, were 
securities. 

* Under NASAA's guidelines, a viatica! investment is defined as the 
right to receive any portion of the death benefit or ownership of a 
life insurance policy for consideration that is less than the death 
benefit. The guidelines exclude sales of policies by their owners to 
providers from the definition. 

Thirty-five states have statutes defining a "security" or "investment 
contract" to expressly include investments in life settlements under 
their securities laws. These states generally exempt from the 
definition sales of policies by their owners to providers. 

Thirteen other states and the District of Columbia, like SEC, apply 
the investment contract test to life settlement investments to 
determine whether these investments fall within the definition of a 
security and are subject to their securities laws. 

* The majority of state authorities applying the investment contract 
test have found that their states' securities laws include viatical or 
life settlement investments. 

* In a 2004 decision (Griffitts v. Life Partners, Inc.), the Texas 
Court of Appeals concluded that viatical settlements are not 
securities under the Texas securities law and instead fall within the 
law's exception for insurance products.[Footnote 24] 

Investments in life settlements that are subject to state securities 
laws must be registered, and entities or persons selling these 
investments must be registered. 

[End of Objective 2] 

Objective 3: Regulatory Inconsistencies May Present Challenges for 
Policy Owners, Investors, and Life Settlement Intermediaries: 

Policy owners may face challenges obtaining adequate information about 
their life settlement transactions: 

Although life settlements can provide policy owners with a valuable 
option, policy owners can face challenges with these transactions, 
such as: 

* assessing whether a life settlement is suitable or the best option 
for them; 

* knowing whether they are being offered a fair price for their 
policy, because little information about the market value of policies 
is publicly available; 

* understanding the potential risks or implications associated with 
life settlements, including that the proceeds may be taxable or the 
transaction could limit their ability to obtain insurance in the 
future; or; 

* protecting themselves from potential abuse, such as excessive broker 
commissions. 

Regulators and others have raised concerns about the potential for 
policy owners to be subject to abuse in life settlements. 

* The New York Attorney General and Florida Office of Insurance 
Regulation separately took action against a provider for allegedly 
working with brokers to manipulate the bidding process and not 
disclosing commissions paid to the brokers. The provider settled both 
cases without any admission of liability or violation of any laws or 
regulations. 

* SEC and FINRA have expressed concern about high broker commissions. 
Moreover, FINRA has examined six broker-dealers believed to be engaged 
in life settlements and found problematic practices, primarily with 
regard to commissions, at two firms. 

* Some industry observers and participants have commented that one of 
the significant risks faced by consumers is not being adequately 
advised about whether they should sell their life insurance or pursue 
another option. 

* Some industry participants identified excessive commissions and not 
obtaining bids from multiple buyers as bad practices. 

Based on the data provided by the 25 providers responding to our 
survey, we found that broker commissions appear to have declined in 
the past 4 years. Specifically, the share of the total gross proceeds 
(or amount paid for the policies) received by brokers declined from 
around 15 percent in 2006 to around 9 percent in 2009. 

In our survey of state insurance regulators, 26 states reported that 
they track consumer complaints about life settlements, but such 
complaints have been limited in number. 

* Of the 26 states, 22 of them provided us with the number of 
complaints they received about life settlements in 2007, 2008, and 
2009. 

* Fourteen states reported that they did not receive any complaints 
during the 3 years. 

* Eight states reported receiving a total of 35, 47, and 36 complaints 
in 2007, 2008, and 2009, respectively. Figure 4 shows the complaints 
received by these states. 

Figure 4: Life Settlement-Related Complaints Received by States in 
2007, 2008, and 2009 Based on Survey Responses: 

[Refer to PDF for image: vertical bar graph] 

State: Louisiana; 
2007: 
2008: 
2009: 

State: Iowa; 
2007: 
2008: 
2009: 

State: Maryland; 
2007: 
2008: 
2009: 

State: Illinois; 
2007: 
2008: 
2009: 

State: New Jersey; 
2007: 
2008: 
2009: 

State: Pennsylvania; 
2007: 
2008: 
2009: 

State: Florida; 
2007: 
2008: 
2009: 

State: Texas; 
2007: 
2008: 
2009: 

Source: GAO survey of state insurance regulators. 

[End of figure] 

Thirty-eight states (regulated states) have enacted life settlement 
laws and regulations to protect policy owners, but 12 states and the 
District of Columbia have not (unregulated states). As discussed 
above, regulatory protections provided by some regulated states to 
policy owners include requiring: 

* brokers and providers to be licensed; 

* brokers to owe their clients a fiduciary duty; 

* brokers or providers to disclose in writing the risks associated 
with a life settlement; 

* brokers or providers to disclose in writing the amount of broker 
compensation; and; 

* brokers to disclose in writing all offers, counter-offers, 
acceptances, and rejections relating to a proposed life settlement 
contract. 

Based on our survey of state insurance regulators, 34 regulators 
reported that they have the authority to examine licensed brokers, and 
33 regulators reported that they have the authority to examine 
licensed providers. However, these regulators generally have examined 
a limited number of their licensed brokers and providers (see figure 
5). [Footnote 25] 

Figure 5: Percentage of Brokers and Providers Licensed in a State That 
Were Examined by the State's Regulator in the Past 5 Years: 

[Refer to PDF for image: vertical bar graph] 

Percentage of Brokers or Providers Examined: 0%: 
Brokers: 24 states; 
Providers: 22 states. 

Percentage of Brokers or Providers Examined: 1-25%: 
Brokers: 4 states; 
Providers: 5 states. 

Percentage of Brokers or Providers Examined: 51-74%: 
Brokers: 1 state; 
Providers: 1 state. 

Percentage of Brokers or Providers Examined: 76-100%: 
Brokers: 1 state; 
Providers: 2 states. 

Source: GAO survey of state insurance regulators. 

In addition to state life settlement laws, FINRA imposes sales 
practice requirements on securities broker-dealers or their 
representatives recommending or facilitating life settlement 
transactions involving variable life policies. 

* Suitability: FINRA requires firms to have a reasonable basis for 
believing that the transaction is suitable for the customer. It has 
noted that a variable life settlement is not necessarily suitable for 
a customer simply because the settlement price offer exceeds the 
policy's cash surrender value. 

* Due diligence: FINRA requires firms to understand the 
confidentiality policies of providers and brokers and the ongoing 
obligations that customers will incur. 

* Best execution: FINRA requires firms to use reasonable diligence to 
ascertain the best market for a security and obtain the most favorable 
price possible. FINRA notes that firms should make reasonable efforts 
to obtain bids from multiple providers, either directly or through a 
broker. 

* Supervision: FINRA requires firms to establish an appropriate 
supervisory system to ensure that their employees comply with all 
applicable rules. 

* Commissions: FINRA prohibits firms from charging customers more than 
a fair and reasonable commission in any securities transaction. 

Policy owners in some states may be afforded less protection than 
policy owners in other states due to regulatory inconsistencies and, 
thus, face greater challenges obtaining information needed to protect 
their interests. 

* Policy owners can ask brokers or providers for information they need 
to protect their interests. Nonetheless, as recognized by NAIC's and 
NCOIL's adoption of model acts and, in turn, some states' adoption of 
life settlement laws, some policy owners may not do so because they 
might not know to ask for such information or for other reasons. 
Likewise, some brokers or providers may not provide policy owners with 
certain information unless asked or required. 

* Policy owners could complete a life settlement without being 
informed about risks or implications of such a transaction. Many 
brokers disclose potential implications to policy owners in their 
application forms, but some do not in unregulated states and regulated 
states that have not imposed the requirement. Some providers buy 
policies directly from owners but do not include disclosures in their 
application forms. Brokers or providers may voluntarily disclose such 
information later in the process (e.g., as part of the closing 
documents) but are not required to do so in all states. 

Policy owners could complete a life settlement without knowing how 
much they paid their brokers or whether their brokers solicited bids 
from multiple providers. 

* Institutional investors formed ILMA, in part to promote transparency 
about broker commissions and bids received by brokers. Since 2008, 
ILMA members have required their providers to disclose broker 
commissions. ILMA officials told us that about half the settlement 
transactions are completed with the level of disclosure required by 
ILMA. 

* Three providers told us that some brokers have not solicited bids 
from providers because those providers disclose commissions, and some 
policy owners have renegotiated commissions once disclosed. One 
provider told us that it does not disclose broker commissions in 
unregulated states, unless asked, to avoid being disadvantaged. 

* Brokers may voluntarily disclose information about their
commissions or bids received from providers but are not required to do 
so in unregulated states and regulated states that have not imposed 
the requirement. 

Policy owners selling variable life insurance may be afforded greater 
protection in terms of suitability than policy owners selling 
nonvariable policies. 

* Regulated states generally hold brokers to a fiduciary duty to 
policy owners, but do not specifically impose a suitability 
requirement. In contrast, FINRA specifically imposes a suitability 
requirement on securities broker-dealers with respect to variable life 
settlements. SEC also has broad antifraud authority over these 
transactions. 

* According to an attorney who specializes in nonvariable life 
settlements, few brokers perform a suitability analysis, but the 
attorney said such analysis should be required. Similarly, a broker 
told us the lack of a suitability requirement for brokers should be 
addressed. 

* According to a life settlement provider, life settlements generally 
have involved policies owned by high-net-worth individuals, who are 
financially sophisticated and able to protect their own interest. 

Some market participants we spoke to have called for a federal role in 
the laws regulating life settlements to protect policy owners. 

* According to a provider, federal law should set minimum standards 
for state regulation of life settlements, and the proposed Consumer 
Financial Protection Agency should supervise life settlement activity 
in those states that do not provide the minimum level of regulation. 

* Three providers told us that federal regulation of life settlements 
would promote greater uniformity, but this approach also has potential 
negatives. For example, one provider told us that it is not clear that 
a federal regulatory agency would be better than the states in 
enforcing the standards and protecting consumers. 

Over the years, we have made a number of recommendations to encourage 
state regulators to implement a consistent set of insurance 
regulations.[Footnote 26] 

We also recently developed a framework comprised of nine elements to 
help Congress and others evaluate proposals for financial regulatory 
reform. 

* One of these elements is consistent consumer and investor
protection: market participants should receive consistent, useful 
information, as well as legal protections for similar financial products
and services, including disclosures, sales practice standards, and 
suitability requirements.
* Given the difficulties of harmonizing insurance regulation across 
states through the NAIC-based structure, we reported that Congress
could consider the advantages and disadvantages of providing a federal 
charter option for insurance and creating a federal insurance
regulatory entity.[Footnote 27] 

Individual investors may face challenges obtaining adequate 
information about investments in life settlements: 

Life settlement investments raise a number of risks for investors. 
Some of these risks include the following: 

* Longevity risk: Persons whose lives are insured in life settlements 
may live significantly longer than expected because of medical 
advances or other factors. In this case, investors would have to pay 
more policy premiums than expected, resulting in lower returns than 
expected. 

* Life expectancy underwriting risk: Medical underwriters use 
different methodologies to estimate the life expectancies of the 
insured persons. If a an underwriter underestimated the life 
expectancies of the insured persons, the effect for investors 
generally would be the same as under longevity risk. 

* Legal risk: Life insurance companies could contest the policy and 
refuse to pay the death benefit because of a lack of insurable 
interest. If a company was successful, the investor would suffer a 
loss on the policy. 

* Liquidity risk: Investors may need to liquidate their investment but 
may not be able to do so in a timely manner. If they could not 
continue to pay policy premiums to keep the policies in force, they 
may have to let the policies lapse. 
	
Regulators also have raised concerns about the risks associated with 
life settlement investments. 

* In a 2009 speech, the SEC Chairman commented that investors may not 
have a complete understanding of the investment risks associated with 
a life settlement, including the risks related to the health and life 
expectancy of the insured. 

* In a 2009 release, FINRA expressed concern about retail investors 
who purchase these life settlement products because they may not fully 
understand the risks of such investments. 

* In 2009, NASAA included life settlements in its list of top 
investment traps. 

According to SEC staff, the agency received 54 complaints regarding
viatical or life settlements between July 2007 and January 2010. 

* Thirty-seven complaints involved two providers for failing to pay 
investors and other abuses. 

* Seventeen complaints alleged misrepresentation, lack of suitability, 
theft of funds, and other abuses. 

State and federal securities regulators have taken various actions to 
protect investors investing in life settlements and related 
investments. 

* Nearly all states have brought life settlement investments under 
their securities laws. 

* According to NASAA, state securities regulators have taken 
enforcement actions against providers for selling unregistered 
investments and committing fraud and abuse against individual 
investors. The types of targeted abuses have included life settlement 
entities: 

- Deliberately selling nonexistent policies and keeping the investment 
proceeds (e.g., Ponzi schemes), 

- Misrepresenting the medical condition of the policy owners, and, 

- Making unsupportable claims about the performance of the investment 
or failing to adequately disclose information about the risks to 
prospective investors. 

* Since 1994, SEC has brought 19 enforcement cases related to the sale 
of viatical and life settlement investments. These include actions 
against providers for making misrepresentations to investors and 
actions against funds for operating Ponzi schemes involving viatical 
settlements. 

Some individual investors may face challenges obtaining sufficient 
information about life settlement investments because of the potential 
for such investments not to be subject to state or federal securities 
laws. 

* Because of a split between two federal circuit court decisions, a 
lack of uniformity exists as to whether investments in life 
settlements on nonvariable policies are securities, creating a 
potential obstacle for SEC and state securities regulators to protect 
investors. For example, two state securities regulators told us that 
they often are confronted with defenses based on the D.C. Circuit 
Court's Life Partners decision when trying to establish jurisdiction 
over life settlement investments in enforcement actions. 

* A Texas state court has found certain life settlement products sold 
by a provider not to be securities, but a Colorado state court has 
found the same products to be securities. As a result, investors 
investing in the same product could be provided different protections 
and, in turn, different disclosures about the product. 

* In 2002, LSI testified and more recently NASAA and a life settlement 
provider told us that the federal securities laws should be amended to 
deem life settlement investments as securities in light of the D.C. 
Circuit Court's Life Partners decision. 

Some life settlement brokers and providers may face challenges because 
of inconsistencies in the life settlement laws or regulations across 
states: 

Brokers and providers generally told us that keeping abreast of the 
ongoing changes in life settlement laws and regulations across the 
different states and complying with these laws and regulations is 
challenging. 

* Some states began regulating life settlements in the early 2000s but 
changes are ongoing. For example, California, Illinois, and New York 
recently modified their laws and regulations to enhance their 
oversight of life settlements. 

* Following the NAIC's and NCOIL's amendment of their model acts in 
2007 to address STOLI, numerous states have amended their life 
settlement laws and regulations. 

* Two providers told us that they spend significant resources tracking 
changes being made by states to their life settlement laws and 
regulations. 

Two brokers and four providers told us that differences in regulatory 
requirements among or between states are burdensome to them or 
increase their compliance costs. 

* Entities operating in multiple states may need to (1) maintain 
different application, disclosure, and other forms for different 
states, (2) obtain approval for such forms from different regulators, 
and (3) file different data in different states, for example in annual 
reports. 

* According to ACLI and industry observers, life insurance companies 
in the broader insurance market can face similar challenges that life 
settlement market participants face in obtaining licenses, reporting 
information, and obtaining approvals for their products and forms in 
51 different jurisdictions, and that this increases costs and hampers 
competition. 
		
Brokers and providers told us that some states have adopted laws or 
regulations that impede their ability to do business in those states. 
With fewer brokers or providers available to solicit or make bids, 
policy owners could receive lower offers, according to market 
participants. 

* Three brokers and one provider told us that some states require 
brokers to obtain surety bonds to be licensed, but such bonds can be 
costly or may not be available. One broker told us that this 
requirement is unnecessary, because brokers do not handle customer 
funds. Some regulators have recognized that the requirement might be 
difficult to comply with but consider it important to protect policy 
owners. 

* Two brokers told us that one state limits broker commissions to 2 
percent of the gross proceeds, which is too low given their costs. 
According to our survey of state insurance regulators, no brokers are 
licensed in that state. 

* Two providers told us that they do not do business in certain states 
because it is too difficult to comply with their regulations.
ILMA, two providers, and a bank involved in life settlements said that 
they support greater uniformity in the laws regulating life 
settlements, in part to lower transaction costs or increase 
operational efficiencies. 

STOLI may pose challenges for life insurers, as well as for policy 
owners and investors, despite various efforts to prevent STOLI: 

No universally accepted definition of STOLI exists, but the term 
generally refers to the issuance of a life insurance policy for the 
benefit of a third party who has no insurable interest in the insured 
when the policy was issued. 

* According to ACLI, states require the buyer of insurance on the life 
of another person to have an insurable interest in the life of that 
person. Despite this requirement, some individuals have been induced 
to purchase life insurance for the benefit of investors (called STOLI). 

* Although STOLI involves the origination of new policies, STOLI 
policies can be sold by their owners to providers or investors and, 
thus, become life settlements. 

* No reliable data exist to measure STOLI, but various industry 
observers and participants told us that STOLI grew rapidly from around 
2003 to 2008. 

STOLI can pose risks to policy owners, life insurance companies, and 
investors, including the following risks. 

* Policy owners participating in STOLI can face a number of risks, 
including incurring taxes on income generated from the transaction, 
becoming involved in disputes about the validity of the policy, being 
unable to purchase additional life insurance (because insurers 
sometimes will not offer coverage to individuals with total 
outstanding coverage above certain limits), and facing potential legal 
liability from the transaction. Some of these risks are similar to the 
risks raised in a life settlement transaction. 

* According to ACLI and insurers we interviewed, life insurance 
companies may suffer damage to their reputation from STOLI and losses 
on STOLI policies, and they could incur costs in deterring, detecting, 
or litigating STOLI policies. 

* Investors investing in life settlements involving STOLI policies 
face the risk that such policies could be rescinded for violation of 
the insurable interest laws or fraud. 

STOLI generally is prohibited under insurable interest laws, but 
approximately half of states have enacted additional laws or 
regulations specifically prohibiting STOLI transactions. 

* In 2007, NAIC and NCOIL modified their model acts to include 
provisions to address STOLI, but the acts take different approaches. 

- NAIC imposes a 5-year moratorium on the settlement of policies with 
STOLI characteristics, subject to some exceptions. 

- NCOIL defines STOLI and prohibits such transactions. 

- LISA generally supports NCOIL's approach, because it does not 
interfere with the property rights of policy owners. 

- Various insurance associations support using NAIC's approach as the 
basis for state legislation but also including aspects of NCOIL's 
approach. 

* Based on responses to our survey of state insurance regulators, 26 
states have laws that include specific provisions to deter or prohibit 
STOLI. Of these states, 20 explicitly have defined STOLI transactions 
and prohibited such transactions. 

Life insurers and others also have taken action to detect or prevent 
STOLI, and they and others have indicated that STOLI appears to have 
decreased due to various factors. 

* Some life insurance companies have sought to prevent STOLI by (1) 
tightening underwriting standards and developing screening procedures 
to identify potential STOLI; (2) disciplining or terminating business 
arrangements with agents selling STOLI policies; (3) and initiating 
legal actions to rescind STOLI policies. 

* According to life insurers, brokers, and providers, several factors 
have reduced STOLI—including the recent credit crisis, which reduced 
investor demand for life settlements and the availability of credit to 
finance STOLI; efforts taken by life insurers to detect STOLI and 
prevent the issuance of such policies; and the increase in life 
expectancy estimates by several life expectancy underwriters, which 
reduced investor demand for life settlements involving STOLI policies. 

Life insurance companies may continue to face challenges in detecting 
and preventing STOLI. 

* Two life insurers and ACLI told us that STOLI promoters are 
continuing to develop new ways to evade efforts to detect or prevent 
the issuance of STOLI, such as by using trusts. 

* Two life insurers told us that separating life settlements that 
involve STOLI policies from life settlements that involve legitimate 
life insurance policies is difficult because of the difficulty in 
distinguishing which policies are STOLI policies. 

* The courts recently have found that a person may legitimately buy a 
policy while planning to sell it, as long as no agreement exists to 
sell the policy to a third party when the policy is purchased. 

* ACLI supports banning the securitization of life settlements, 
because securitization would encourage promoters to elicit STOLI, but 
ILMA, LISA, and others disagree. 

Based on our survey of licensed providers, the number of policies 
settled within 2 years of their issuance has declined and the number 
of policies settled within 2 to 5 years of their issuance generally 
has increased (see table 8). 

Table 8: Time between the Issuance and Settlement of Policies for 2006—
2009: 

Time between the issuance and settlement of a policy: Less than 2 
years; 
2006: 37; 
2007: 21; 
2008: 10; 
2009: 3. 

Time between the issuance and settlement of a policy: 2 to 5 years; 
2006: 844; 
2007: 1,366; 
2008: 1,790; 
2009: 780. 

Time between the issuance and settlement of a policy: Greater than 5 
years; 
2006: 880; 
2007: 1,296; 
2008: 1,301; 
2009: 609. 

Total[A]: 
2006: 1,761; 
2007: 2,683; 
2008: 3,101; 
2009: 1,392. 

Source: GAO survey of life settlement providers. 

[A] The total policies settled do not match the total policies settled 
shown in table 1, because not all providers provided us with data on 
the age of their settled policies. 

[End of table] 

[End of Objective 3] 

Conclusions: 
		
Because life settlements and related investments can have 
characteristics of both insurance and securities, their regulatory 
structure involves multiple state and federal regulators. 

* State insurance regulators have played a primary role in protecting 
policy owners by regulating the sale of in-force policies by their 
owners to life settlement providers. 

* In turn, state and federal securities regulators have played the 
primary role in protecting investors by regulating the sale of life 
settlement investments. 

We recently developed a framework for assessing proposals for 
modernizing the financial regulatory system. 

* One of the elements of that framework is consistent consumer and 
investor protection: market participants should receive consistent, 
useful information, and legal protection for similar financial 
products and services, including disclosures, sales practice 
standards, and suitability requirements. 

* Another element is consistent financial oversight: the regulatory 
structure should ensure that similar institutions and products are 
subject to consistent regulation, oversight, and transparency, in part 
to help minimize negative competitive outcomes. 

These two elements have not been fully achieved under the current 
regulatory structure of the life settlement market. 

* First, not all states have enacted life settlement laws to provide 
policy owners with a minimum level of protection. 

* Second, licensing, disclosure, and other requirements differ between 
or among some states that have enacted life settlement laws, resulting 
in different protections for different policy owners. 

* Third, policy owners also can be afforded different protections, 
depending on whether the policy being sold is a variable policy 
subject to FINRA and federal sales practice rules or a nonvariable 
policy. Although variable policies, unlike nonvariable policies, 
expose their policy owners to investment risk, life settlements 
involving both types of policies generally raise the same potential 
risks for policy owners. 

A potential federal role in the regulation of insurance has been the 
subject of debate, and the current financial crisis has renewed the 
debate. 

* For example, the House Financial Services Committee proposed a bill 
to create a Federal Insurance Office to monitor all aspects of the 
insurance industry including identifying regulatory gaps. More 
recently, the Senate Committee on Banking, Housing, and Urban Affairs 
proposed a bill to create an Office of National Insurance, in part to 
monitor the insurance industry. 

* In the last decade, we have made a number of recommendations to 
encourage state regulators to implement a consistent set of insurance 
regulations. 

* In providing a framework for assessing proposals to modernize the 
financial regulatory system, we recently reported that Congress could 
consider the advantages and disadvantages of providing a federal 
charter option for insurance and creating a federal insurance 
regulatory entity, given the difficulties to harmonize insurance 
regulation across states through the NAIC-based structure.[Footnote 28] 

Matter for Congressional Consideration: 

As Congress considers how best to reform the regulatory structure of 
the financial services sector, life settlements offer another example 
of products that may lack clear comprehensive regulation. Therefore, 
Congress may wish to consider taking steps to help ensure that policy 
owners involved in life settlement transactions are provided a 
consistent and minimum level of protection. 

[End of Briefing Slides] 

Appendix II: Results of GAO's Survey of State Insurance Commissioners 
Regarding Their Regulation of Life Settlements: 

As part of our life settlement review, we surveyed insurance 
regulators of the 50 states and the District of Columbia to document 
their laws and regulations applicable to life settlements. Our survey 
focused on state regulation of life settlements and excluded viatical 
settlements from our definition of life settlements. We defined a life 
settlement generally as the sale of a life insurance policy by an 
individual who is not terminally or chronically ill to a third party, 
namely a settlement provider. We define a viatical settlement 
generally as the sale of a life insurance policy by an individual who 
is terminally or chronically ill to a third party. 

Forty-five states and the District of Columbia completed our survey. 
Five states did not complete our survey: Delaware, Georgia, Indiana, 
Kansas, and South Carolina. California, Illinois, New York, and Rhode 
Island recently passed life settlement laws that had not yet taken 
effect. California, Illinois, and Rhode Island completed our survey as 
if their recently passed laws had taken effect; New York did not. 

For each question below, we provide the total responses to each 
possible answer in parentheses. 

State Viatical and/or Life Settlement Laws: 

1. Which of the following best describes your state's laws and 
regulations covering viatical and/or life settlements? 

a. Only viatical settlements, generally defined as the sale of a life 
insurance policy by an individual with a terminal or chronic illness 
or condition are covered (5-Massachusetts, Michigan, New Mexico, New 
York, and Wisconsin): 

b. Only life settlements, generally defined as the sale of a life 
insurance policy by an individual without a terminal or chronic 
illness or condition are covered (1-Idaho): 

c. Both viatical and life settlements are covered (33-Alaska, 
Arkansas, California, Colorado, Connecticut, Florida, Hawaii, 
Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, 
Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, 
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, 
Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West 
Virginia): 

d. Neither viatical nor life settlements are covered (7-Alabama, 
Arizona, District of Columbia, Missouri, New Hampshire, South Dakota, 
and Wyoming): 

License and Bond Requirements: 

Definition of Broker - Throughout our survey, we use the term 
"brokers" to refer to persons or entities that negotiate the sale of a 
life insurance policy between a policy owner and provider or other 
buyer. 

2. Does your state require the policy owner's life settlement brokers 
to be licensed? 

a. Yes (33): 

b. No (1): 

c. Don't know (0): 

d. Not applicable (0): 

3. Does your state require the policy owner's life settlement brokers 
to complete continuing education requirements related to life 
settlements on a periodic basis? 

a. Yes (16): 

b. No (17): 

c. Don't know (0): 

d. Not applicable (0): 

4. Does your state require the policy owner's life settlement brokers 
to demonstrate evidence of their financial responsibility through a 
surety bond or similar means? 

a. Yes (11): 

b. No (21): 

c. Don't know (0): 

d. Not applicable (1): 

5. How many life settlement brokers are currently licensed in your 
state? 

State: Alaska; 
Number of brokers: 23. 

State: Arkansas; 
Number of brokers: [A]. 

State: California; 
Number of brokers: 15. 

State: Colorado; 
Number of brokers: 287. 

State: Connecticut; 
Number of brokers: 54. 

State: Florida; 
Number of brokers: 503. 

State: Hawaii; 
Number of brokers: 84. 

State: Idaho; 
Number of brokers: 26. 

State: Illinois; 
Number of brokers: [A]. 

State: Iowa; 
Number of brokers: 82. 

State: Kentucky; 
Number of brokers: 93. 

State: Louisiana; 
Number of brokers: 118. 

State: Maine; 
Number of brokers: [A]. 

State: Maryland; 
Number of brokers: 0. 

State: Minnesota; 
Number of brokers: 11. 

State: Mississippi; 
Number of brokers: 67. 

State: Montana; 
Number of brokers: 28. 

State: Nebraska; 
Number of brokers: 81. 

State: Nevada; 
Number of brokers: 37. 

State: New Jersey; 
Number of brokers: 661. 

State: N. Carolina; 
Number of brokers: 312. 

State: N. Dakota; 
Number of brokers: 16. 

State: Ohio; 
Number of brokers: 225. 

State: Oklahoma; 
Number of brokers: 52. 

State: Oregon; 
Number of brokers: 92. 

State: Pennsylvania; 
Number of brokers: 607. 

State: Rhode Island; 
Number of brokers: 0. 

State: Tennessee; 
Number of brokers: 57. 

State: Texas; 
Number of brokers: 424. 

State: Utah; 
Number of brokers: [A]. 

State: Vermont; 
Number of brokers: 0. 

State: Virginia; 
Number of brokers: 308. 

State: Washington; 
Number of brokers: 59. 

State: W. Virginia; 
Number of brokers: 6. 

Source: GAO survey of state insurance regulators. 

[A] Indicates no response was provided. 

6. Does your state impose a fiduciary duty on life settlement brokers 
to their clients (i.e., policy owners) who are selling their policies? 

a. Yes (31): 

b. No (2): 

c. Don't know (1): 

d. Not applicable (0): 

Definition of Provider - Throughout our survey, we use the term 
"providers" to refer to persons or entities that purchase a life 
insurance policy from the policy owner for their own account or on 
behalf of a third party. 

7. Does your state require life settlement providers to be licensed? 

a. Yes (33): 

b. No (1): 

c. Don't know (0): 

d. Not applicable (0): 

8. Does your state require life settlement providers to demonstrate 
evidence of their financial responsibility through a surety bond or 
similar means? 

a. Yes (24): 

b. No (10): 

c. Don't know (0): 

d. Not applicable (0): 

9. How many life settlement providers are currently licensed in your 
state? 

State: Alaska; 
Number of providers: 3. 

State: Arkansas; 
Number of providers: [A]. 

State: California; 
Number of providers: 10. 

State: Colorado; 
Number of providers: 23. 

State: Connecticut; 
Number of providers: 44. 

State: Florida; 
Number of providers: 14. 

State: Hawaii; 
Number of providers: 47. 

State: Idaho; 
Number of providers: 1. 

State: Illinois; 
Number of providers: 14. 

State: Iowa; 
Number of providers: 19. 

State: Kentucky; 
Number of providers: 45. 

State: Louisiana; 
Number of providers: 17. 

State: Maine; 
Number of providers: 21. 

State: Maryland; 
Number of providers: 0. 

State: Minnesota; 
Number of providers: 17. 

State: Mississippi; 
Number of providers: 27. 

State: Montana; 
Number of providers: 12. 

State: Nebraska; 
Number of providers: 13. 

State: Nevada; 
Number of providers: 21. 

State: New Jersey; 
Number of providers: 30. 

State: N. Carolina; 
Number of providers: 42. 

State: N. Dakota; 
Number of providers: 9. 

State: Ohio; 
Number of providers: 17. 

State: Oklahoma; 
Number of providers: 18. 

State: Oregon; 
Number of providers: 5. 

State: Pennsylvania; 
Number of providers: 35. 

State: Rhode Island; 
Number of providers: 0. 

State: Tennessee; 
Number of providers: 38. 

State: Texas; 
Number of providers: 62. 

State: Utah; 
Number of providers: 24. 

State: Vermont; 
Number of providers: 6. 

State: Virginia; 
Number of providers: 34. 

State: Washington; 
Number of providers: 14. 

State: W. Virginia; 
Number of providers: 7. 

Source: GAO survey of state insurance regulators. 

[A] Indicates no response was provided. 

10. Does your state require that life expectancy underwriters or 
consultants (e.g., those companies that conduct analyses of an 
insured's life expectancy) be licensed? 

a. Yes (1): 

b. No (33): 

c. Don't know (0): 

Approval of Settlement Contracts and Disclosure Statements: 

11. Does your state require life settlement brokers to have their 
disclosure statements (provided to policy owners) approved by an 
appropriate regulator (e.g., insurance commission)? 

a. Yes (30): 

b. No (4): 

c. Don't know (0): 

12. Does your state require life settlement providers to use a 
settlement contract form that has been approved by an appropriate 
regulator (e.g., insurance commission)? 

a. Yes (33): 

b. No (1): 

c. Don't know (0): 

13. Does your state require life settlement providers to have their 
disclosure statements (e.g., forms providing risk or fee disclosures) 
provided to policy owners approved by an appropriate regulator (e.g., 
insurance commission)? 

a. Yes (33): 

b. No (1): 

c. Don't know (0): 

Reporting and Privacy Requirements: 

14. Does your state require life settlement providers to submit data 
(e.g., aggregate face value and proceeds of policies settled) 
periodically on their settlement transactions executed within your 
state (i.e., executed either on the basis of the location of the 
policy owner's residence, or on location where business is conducted)? 

a. Yes (31): 

b. No (3): 

c. Don't know (0): 

15. Does your state require life settlement providers to submit data 
(e.g., aggregate face value and proceeds of policies settled) 
periodically on their settlement transactions executed outside of your 
state (i.e., executed either on the basis of the location the policy 
owner's residence, or on location where business is conducted)? 

a. Yes (15): 

b. No (19): 

c.Don't know (0): 

16. Does your state require life settlement providers to submit data 
periodically on enforcement actions in which they are involved within 
or outside of your state? 

a. Yes (22): 

b. No (12): 

c. Don't know (0): 

17. Does your state require life settlement providers to report 
information on policies settled within a prescribed period of policy 
issuance (e.g., within 5 years)? 

a. Yes (24): 

b. No (10): 

c. Don't know (0): 

18. Does your state prohibit life settlement brokers, providers, and 
other life settlement entities with knowledge of the insured's 
identity from disclosing the insured's financial or medical 
information, except under expressly enumerated circumstances? 

a. Yes (34): 

b. No (0): 

c. Don't know (0): 

Examinations and Investigations-Life Settlement Brokers: 

19. Does your state's appropriate regulator (e.g., insurance 
commission) have the authority to examine licensed life settlement 
brokers? 

a. Yes (34): 

b. No (0): 

c. Don't know (0): 

20. In the past 5 years, has your state conducted any examinations of 
life settlement brokers based solely on the passage of time and not 
based on cause (e.g., a customer complaint)? 

a. Yes (3): 

b. No (27): 

c. Don't know (1): 

d. Not applicable (3): 

21. In the past 5 years, has your state conducted any investigations 
(or "cause exams") of a life settlement broker? 

a. Yes (9): 

b. No (21): 

c. Don't know (1): 

d. Not applicable (3): 

22. In the past 5 years, has your state conducted any on-site 
examinations of life settlement brokers? 

a. Yes (5): 

b. No (25): 

c. Don't know (1): 

d. Not applicable (3): 

23. In the past 5 years, has your state conducted any off-site 
examinations of life settlement brokers? 

a. Yes (6): 

b. No (24): 

c. Don't know (1): 

d. Not applicable (3): 

24. In the past 5 years, has your state assessed the controls that 
life settlement brokers use to protect the confidentiality of an 
insured's personal information and to comply with privacy requirements? 

a. Yes (7): 

b. No (22): 

c. Don't know (1): 

d. Not applicable (4): 

25. In the past 5 years, has your state assessed controls that life 
settlement brokers use to ensure that life settlement advertisements 
are not unfair, deceptive, or misleading? 

a. Yes (9): 

b. No (21): 

c. Don't know (0): 

d. Not applicable (4): 

26. In the past 5 years, has your state assessed controls that life 
settlement brokers use to detect, investigate, and report possible 
acts of fraud? 

a. Yes (8): 

b. No (21): 

c. Don't know (1): 

d. Not applicable (4): 

27. Of the currently licensed life settlement brokers in your state, 
what percentage of them has been examined in the last 5 years? 

a. 0% (24): 

b. 1 - 25% (4): 

c. 26 - 50% (0): 

d. 51 - 75% (1): 

e. 76 - 100% (1): 

f. Don't know (1): 

g. Not applicable (3): 

28. Have any of your examinations or investigations found instances in 
which a life settlement broker had improperly disclosed the identity 
(e.g., name and address) of an insured in the past 5 years? 

a. Yes (2): 

b. No (12): 

c. Don't know (2): 

d. Not applicable (18): 

Examinations and Investigations-Life Settlement Providers: 

29. Does your state's appropriate regulator (e.g., insurance 
commission) have the authority to examine licensed life settlement 
providers? 

a. Yes (33): 

b. No (0): 

c. Don't know (0): 

30. In the past 5 years, has your state conducted any examinations of 
life settlement providers based solely on the passage of time and not 
based on cause (e.g., a customer complaint)? 

a. Yes (3): 

b. No (27): 

c. Don't know (0): 

d. Not applicable (3): 

31. In the past 5 years, has your state conducted any investigations 
(or "cause exams") of a life settlement provider? 

a. Yes (9): 

b. No (21): 

c. Don't know (0): 

d. Not applicable (3): 

32. In the past 5 years, has your state conducted any on-site 
examinations of life settlement providers? 

a. Yes (3): 

b. No (27): 

c. Don't know (0): 

d. Not applicable (3): 

33. In the past 5 years, has your state conducted any off-site 
examinations of life settlement providers? 

a. Yes (7): 

b. No (23): 

c. Don't know (0): 

d. Not applicable (3): 

34. In the past 5 years, has your state assessed the controls that 
life settlement providers use to protect the confidentiality of an 
insured's personal information and to comply with privacy requirements? 

a. Yes (8): 

b. No (21): 

c. Don't know (0): 

d. Not applicable (3): 

35. In the past 5 years, has your state assessed controls that life 
settlement providers use to ensure that life settlement advertisements 
are not unfair, deceptive, or misleading? 

a. Yes (9): 

b. No (21): 

c. Don't know (0): 

d. Not applicable (3): 

36. In the past 5 years, has your state assessed controls that life 
settlement providers use to detect, investigate, and report possible 
acts of fraud? 

a. Yes (12): 

b. No (18): 

c. Don't know (0): 

d. Not applicable (3): 

37. Of the currently licensed life settlement providers in your state, 
what percentage of them has been examined in the last 5 years? 

a. 0% (22): 

b. 1 - 25% (5): 

c. 26 - 50% (0): 

d. 51 - 75% (1): 

e. 76 - 100% (2): 

f. Don't know (0): 

g. Not applicable (3): 

38. Have any of your examinations or investigations found instances in 
which a life settlement provider had improperly disclosed the identity 
(e.g., name and address) of an insured in the past 5 years? 

a. Yes (1): 

b. No (13): 

c. Don't know (1): 

d. Not applicable (18): 

Complaints: 

39. Do you track the number of complaints made by consumers about life 
settlements? 

a. Yes (26): 

b. No (6): 

c. Don't know (1): 

40. How many complaints were made by consumers concerning life 
settlements in calendar years 2007, 2008, and 2009? 

State: Alaska; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Arkansas; 
Number of complaints: 2007: [A]; 
Number of complaints: 2008: [A]; 
Number of complaints: 2009: [A]. 

State: California; 
Number of complaints: 2007: [A]; 
Number of complaints: 2008: [A]; 
Number of complaints: 2009: [A]. 

State: Colorado; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Connecticut; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Florida; 
Number of complaints: 2007: 7; 
Number of complaints: 2008: 3; 
Number of complaints: 2009: 6. 

State: Idaho; 
Number of complaints: 2007: [A]; 
Number of complaints: 2008: [A]; 
Number of complaints: 2009: [A]. 

State: Iowa; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 1. 

State: Kentucky; 
Number of complaints: 2007: a; 
Number of complaints: 2008: a; 
Number of complaints: 2009: a. 

State: Louisiana; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 2; 
Number of complaints: 2009: 0. 

State: Maryland; 
Number of complaints: 2007: 1; 
Number of complaints: 2008: 2; 
Number of complaints: 2009: 0. 

State: Mississippi; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Montana; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Nebraska; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: N. Carolina; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: N. Dakota; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Oklahoma; 
Number of complaints: 2007: [A]; 
Number of complaints: 2008: [A]; 
Number of complaints: 2009: [A]. 

State: Oregon; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Pennsylvania; 
Number of complaints: 2007: 7; 
Number of complaints: 2008: 5; 
Number of complaints: 2009: 5. 

State: Rhode Island; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Texas; 
Number of complaints: 2007: 18; 
Number of complaints: 2008: 34; 
Number of complaints: 2009: 19. 

State: Utah; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Vermont; 
Number of complaints: 2007: [A]; 
Number of complaints: 2008: [A]; 
Number of complaints: 2009: [A]. 

State: Virginia; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: Washington; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

State: W. Virginia; 
Number of complaints: 2007: 0; 
Number of complaints: 2008: 0; 
Number of complaints: 2009: 0. 

Source: GAO survey of state insurance regulators. 

[A] Indicates no response was provided. 

Disclosure Requirements of Life Settlement Brokers: 

41. When does your state require life settlement brokers to provide 
policy owners with a written disclosure of the risks associated with a 
life settlement contract (e.g., tax liability, ability to purchase 
future insurance, effects on the eligibility for public assistance)? 

a. Not applicable (2): 

b. At the time of application (13): 

c. No later than the date the application for the settlement contract 
is signed by all parties (13): 

d. No later than the date the life settlement contract is signed (4): 

e. By another date (2): 

f. Don't know (0): 

42. Does your state require life settlement brokers to provide policy 
owners with information on the method (e.g., such as the percentage of 
the policy's face value or gross proceeds) for calculating the 
broker's compensation? 

a. Required verbally (0): 

b. Required in writing (19): 

c. Required both verbally and in writing (0): 

d. Not required (13): 

e. Don't know (0): 

43. Does your state require life settlement brokers to provide policy 
owners with information on the amount of the broker's compensation? 

a. Required verbally (0): 

b. Required in writing (22): 

c. Required both verbally and in writing (0): 

d. Not required (10): 

e. Don't know (0): 

44. Does your state require life settlement brokers to provide policy 
owners with information on all offers, counter-offers, acceptances, 
and rejections relating to the proposed settlement contract? 

a. Required verbally (0): 

b. Required in writing (20): 

c. Required both verbally and in writing (0): 

d. Not required (12): 

e. Don't know (0): 

45. Does your state require life settlement brokers to provide policy 
owners with information on any affiliation between the broker and any 
person making an offer for the proposed settlement contract (e.g., a 
life settlement provider or investor)? 

a. Required verbally (0): 

b. Required in writing (23): 

c. Required both verbally and in writing (0): 

d. Not required (9): 

e. Don't know (0): 

Disclosure Requirements of Life Settlement Providers: 

46. When does your state require life settlement providers to provide 
policy owners with a written disclosure of the risks associated with a 
life settlement contract (e.g., tax liability, ability to purchase 
future insurance, effects on the eligibility for public assistance)? 

a. Not applicable (1): 

b. At the time of application (11): 

c. No later than the date the application for the settlement contract 
is signed by all parties (11): 

d. No later than the date the life settlement contract is signed (10): 

e. By another date (1): 

f. Don't know (0): 

47. Does your state require life settlement providers to notify the 
insured in the event of transfer of ownership of the policy or change 
in the beneficiary? 

a. Required verbally (1): 

b. Required in writing (22): 

c. Required both verbally and in writing (0): 

d. Not required (10): 

e. Don't know (0): 

48. Does your state require life settlement providers to provide 
policy owners with information on any affiliation between the provider 
and the issuer of the policy? 

a. Required verbally (0): 

b. Required in writing (30): 

c. Required both verbally and in writing (0): 

d. Not required (4): 

e. Don't know (0): 

49. Does your state require life settlement providers to provide 
policy owners with information on the method for calculating the 
compensation paid to the broker? 

a. Required verbally (0): 

b. Required in writing (18): 

c. Required both verbally and in writing (1): 

d. Not required (15): 

e. Don't know (0): 

50. Does your state require life settlement providers to provide 
policy owners with information on the amount of compensation paid to 
the broker? 

a. Required verbally (1): 

b. Required in writing (20): 

c. Required both verbally and in writing (1): 

d. Not required (12): 

e. Don't know (0): 

Information Disclosure for Brokers or Providers in Life Settlement 
Transactions: 

51. Does your state require life settlement providers or brokers to 
provide policy owners with information that alternatives to life 
settlement contracts exist? 

a. Required verbally (0): 

b. Required in writing (33): 

c. Required both verbally and in writing (0): 

d. Not required (0): 

e. Don't know (0): 

52. Does your state require life settlement providers or brokers to 
provide policy owners with information that settlement brokers owe a 
fiduciary duty to the policy owners? 

a. Required verbally (0): 

b. Required in writing (22): 

c. Required both verbally and in writing (0): 

d. Not required (11): 

e. Don't know (1): 

53. Does your state require life settlement providers or brokers to 
provide policy owners with information that some or all of the 
proceeds of the life settlement contract may be taxable? 

a. Required verbally (0): 

b. Required in writing (33): 

c. Required both verbally and in writing (0): 

d. Not required (0): 

e. Don't know (0): 

54. Does your state require life settlement providers or brokers to 
provide policy owners with information that the proceeds from a 
settlement contract may adversely affect the recipient's eligibility 
for public assistance or other government benefits? 

a. Required verbally (0): 

b. Required in writing (32): 

c. Required both verbally and in writing (0): 

d. Not required (0): 

e. Don't know (1): 

55. Does your state require life settlement providers or brokers to 
provide policy owners with information that the owner has the right to 
terminate or rescind a life settlement contract within a prescribed 
period after the contract is executed? 

a. Required verbally (0): 

b. Required in writing (34): 

c. Required both verbally and in writing (0): 

d. Not required (0): 

e. Don't know (0): 

56. Does your state require life settlement providers or brokers to 
provide policy owners with information that entering into a settlement 
contract may cause other rights or benefits, including conversion 
rights or waiver of premium benefits under the policy, to be forfeited? 

a. Required verbally (0): 

b. Required in writing (32): 

c. Required both verbally and in writing (0): 

d. Not required (2): 

e. Don't know (0): 

57. Does your state require life settlement providers or brokers to 
provide policy owners with information that the insured may be asked 
to renew his or her permission to disclose all medical, financial, or 
personal information in the future to someone who buys the policy? 

a. Required verbally (0): 

b. Required in writing (27): 

c. Required both verbally and in writing (1): 

d. Not required (5): 

e. Don't know (1): 

58. Does your state require life settlement providers or brokers to 
provide policy owners with information that any person who knowingly 
presents false information in an application for a life insurance or 
life settlement contract is guilty of a crime? 

a. Required verbally (0): 

b. Required in writing (25): 

c. Required both verbally and in writing (0): 

d. Not required (8): 

e. Don't know (1): 

59. Does your state require life settlement providers or brokers to 
provide policy owners with information that the insured may be 
contacted for the purpose of determining the insured's health status? 

a. Required verbally (0): 

b. Required in writing (31): 

c. Required both verbally and in writing (1): 

d. Not required (1): 

e. Don't know (1): 

60. Does your state require life settlement providers or brokers to 
provide policy owners with information that a change in ownership 
could in the future limit the insured's ability to purchase future 
insurance on the insured's life? 

a. Required verbally (0): 

b. Required in writing (19): 

c. Required both verbally and in writing (0): 

d. Not required (14): 

e. Don't know (1): 

Issuer Disclosures: 

61. Does your state require providers or brokers to provide life 
insurance companies with information about settlement transactions 
involving policies that were issued within the past 5 years? 

a. Yes (7): 

b. No (26): 

c. Don't know (1): 

62. Does your state require providers or brokers to provide life 
insurance companies with a written notice to the issuer when its 
policy has become subject to a settlement? 

a. Yes (24): 

b. No (10): 

c. Don't know (0): 

63. Does your state require life insurance companies to disclose 
information about other options (such as life settlements) to their 
policy holders who want to terminate their policy? 

a. Yes (3): 

b. No (31): 

c. Don't know (0): 

General Rules: 

64. Does your state require advertisements or marketing materials by 
entities soliciting potential policy owners for life settlements to be 
approved by an appropriate regulator (e.g., insurance commission)? 

a. Yes (14): 

b. No (20): 

c. Don't know (0): 

65. Does your state prohibit life settlement brokers from conducting 
sales with any provider, financing entity, or related provider trust, 
that is controlling, controlled by, or under common control with such 
broker? 

a. Yes (15): 

b. No (19): 

c. Don't know (0): 

66. Does your state prohibit providers from entering in a life 
settlements contract, if, in connection to such contract, anything of 
value will be paid to a broker that is controlling, controlled by, or 
under common control with such provider? 

a. Yes (16): 

b. No (17): 

c. Don't know (0): 

67. Does your state require providers entering into a life settlement 
contract to obtain a written statement from a licensed physician that 
the policy owner is of sound mind and under no constrain or under 
influence to enter into a settlement contract? 

a. Yes (28): 

b. No (5): 

c. Don't know (1): 

68. Does your state require the life settlement provider to obtain a 
document in which the insured consents to the release of his or her 
medical records to a licensed provider, broker, or insurance company? 

a. Yes (31): 

b. No (2): 

c. Don't know (1): 

69. Does your state require the life settlement provider to obtain a 
witnessed document, prior to the execution of the settlement contract, 
in which the policy owner consents to the contract, represents that 
the policy owner has a full and complete understanding of not only the 
contract but also the benefits of the insurance policy, and 
acknowledges he or she is entering into the contract freely and 
voluntarily? 

a. Yes (28): 

b. No (5): 

c. Don't know (1): 

70. Which of the following best describes your state's provisions on a 
policy owner's right to terminate (i.e., rescind) a life settlement 
contract after entering it? 

a.Policy owner does not have the right to terminate a contract after 
entering it (0): 

b. Policy owner generally has 15 days or less to terminate a contract 
after entering it (15): 

c. Policy owner generally has 16 to 60 days to terminate a contract 
after entering it (17): 

d. Policy owner generally has more than 60 days to terminate a 
contract after entering it (0): 

e. Don't know (0): 

71. Does your state require fees, commission, or other compensation 
paid by the provider or owner to the broker in connection with a 
settlement contract be computed as a percentage of the offer obtained, 
not the face value of the policy? 

a. Yes (6): 

b. No (27): 

c. Don't know (1): 

Stranger-Originated Life Insurance (STOLI) Transactions: 

72. Do your state's laws include any specific provisions intended to 
deter or prohibit STOLI or similar types of transactions? 

a. Yes (26): 

b. No (8): 

c. Don't know (0): 

73. Does your state explicitly define STOLI transactions and prohibit 
such transactions? 

a. Yes (20): 

b. No (14): 

c. Don't know (0): 

74. Within how many years of issuance of a life insurance policy does 
your state prohibit a life settlement contract on that policy, except 
under specific enumerated circumstances? 

a. Our state does not prohibit a life settlement contract based on the 
amount of years from issuance of that policy to deter or prevent STOLI 
transactions (3): 

b. 2 years (22): 

c. 3 years (0): 

d. 4 years (1): 

e. 5 years (7): 

f. 6 or more years (0): 

g. Don't know (1): 

75. In efforts to deter or prohibit STOLI transactions, does your 
state have another approach to deter and prohibit STOLI transactions, 
aside from those approaches listed in the previous two questions? 

a. Yes (16): 

b. No (16): 

c. Don't know (2): 

Fraud Prevention and Controls: 

76. Does your state require life settlement brokers to have an anti-
fraud plan or initiatives to detect, investigate, and report possible 
fraudulent acts? 

a. Yes (22): 

b. No (12): 

c. Don't know (0): 

77. Does your state require life settlement providers to have an anti-
fraud plan or initiatives to detect, investigate, and report possible 
fraudulent acts? 

a. Yes (29): 

b. No (5): 

c. Don't know (0): 

[End of section] 

Appendix III: Results of GAO's Survey of Licensed Life Settlement 
Providers: 

As part of our life settlement review, we surveyed life settlement 
providers licensed in two or more states about their life settlement 
transactions. We identified 34 states that required providers to be 
licensed and obtained a list of providers licensed in each of these 
states (as of September 2009). Based on these lists, we identified 98 
providers, of which 55 were licensed in two or more states. However, 
we were able to contact only 49 of these providers for our survey. 

Of the 49 life settlement providers we surveyed, 25 of them completed 
our survey. For each question below, we provide the aggregated 
responses of the providers. Some providers did not answer every 
question on the survey (as noted below where applicable). Because no 
comprehensive life settlement data exist, we were not able to estimate 
the share of the market held by the providers responding to our survey. 

1. What was the total number of life insurance policies purchased by 
your firm in calendar year? 

a. 2006 - 3,148: 

b. 2007 - 3,703: 

c. 2008 - 4,505: 

d. 2009 - 2,636: 

2. What was the total face value of the policies purchased by your 
firm in calendar year? 

a. 2006 - $5,501,932,247: 

b. 2007 - $9,025,862,851: 

c. 2008 - $12,946,270,383: 

d. 2009 - $7,005,574,470: 

3. What was the total amount paid to policy owners (exclusive of 
broker compensation, such as commissions) for the policies purchased 
by your firm in calendar year? 

a. 2006 - $1,170,878,009: 

b. 2007 - $1,801,390,695: 

c. 2008 - $2,319,081,754: 

d. 2009 - $888,003,867: 

4. What was the total amount of associated cash surrender value of the 
policies purchased by your firm in calendar year? (Note: Three 
providers did not provide us with data on the cash surrender value of 
their settled policies for years 2006 through 2009. The providers did 
provide us with data on number of policies settled, face value of the 
policies, and amount paid to policy owners for the policies for years 
2006 through 2009.) 

a. 2006 - $99,965,301: 

b. 2007 - $199,300,307: 

c. 2008 - $149,741,970: 

d. 2009 - $109,432,850: 

5. What was the total amount of compensation (e.g., commissions) paid 
to brokers for the policies purchased by your firm in calendar year? 

a. 2006 - $202,774,451: 

b. 2007 - $263,454,952: 

c. 2008 - $275,676,198: 

d. 2009 - $92,229,350: 

6. What was the total number of policies purchased by your firm, based 
on the age of policy at the time of settlement (i.e., the time between 
policy's issuance and settlement), for calendar year: 

a. 2006? (Note: Three providers provided us with incomplete or no data 
on the number of policies purchased based on the age of the policy at 
time of issuance.) 

1. less than 2 years old - 37: 

2. 2 to 5 years old - 844: 

3. greater than 5 years old - 880: 

b. 2007? (Note: Four providers provided us with incomplete or no data 
on the number of policies purchased based on the age of the policy at 
time of issuance.) 

1. less than 2 years old - 21: 

2. 2 to 5 years old - 1,366: 

3. greater than 5 years old - 1,296: 

c. 2008? (Note: Three providers provided us with incomplete or no data 
on the number of policies purchased based on the age of the policy at 
time of issuance.) 

1. less than 2 years old - 10: 

2. 2 to 5 years old - 1,790: 

3. greater than 5 years old - 1,301: 

d. 2009? (Note: Three providers provided us with incomplete or no data 
on the number of policies purchased based on the age of the policy at 
time of issuance.) 

1. less than 2 years old - 3: 

2. 2 to 5 years old - 780: 

3. greater than 5 years old - 609: 

7. What was the median face value for all policies purchased by your 
firm in calendar year: 

a. 2006? Reported values ranged from $150,000 to $5,000,000: 

b. 2007? Reported values ranged from $200,000 to $5,000,000: 

c. 2008? Reported values ranged from $225,000 to $6,000,000: 

d. 2009? Reported values ranged from $247,500 to $8,000,000: 

8. What was the median total amount paid to a policy owner (exclusive 
of broker compensation, such as commissions) for all policies 
purchased by your firm in calendar year: 

a. 2006? Reported amounts ranged from $7,200 to $765,000: 

b. 2007? Reported amounts ranged from $11,500 to $5,775,000: 

c. 2008? Reported amounts ranged from $46,000 to $1,072,000: 

d. 2009? Reported amounts ranged from $37,780 to $992,618: 

[End of section] 

Appendix IV: Comments from the Securities and Exchange Commission: 

United States: 
Securities And Exchange Commission: 
The Chairman: 
Washington, D.C. 20549: 
	
June 25, 2010: 

Orice Williams Brown: 
Director: 
Financial Markets and Community Investment: 
United States Government Accountability Office: 
Washington, D.C. 20548: 

Dear Ms. Williams Brown: 

Thank you for the opportunity to comment on the Government Accounting 
Office's (GAO) draft report titled Life Insurance Settlements: 
Regulatory Inconsistencies May Pose a Number of Challenges. The report 
provides a comprehensive overview of the life settlements market, 
which is comprised of an "informal network of intermediaries 
facilitating the sale of life insurance policies by owners to third-
party investors." As your report notes, state and federal regulators 
oversee various aspects of the life settlements market. However, there 
is no comprehensive or uniform, nationwide regulation of the major 
participants in the life settlements market. 

As you are aware, I established an SEC Life Settlements Task Force in 
August 2009 in light of concerns about the developing life settlements 
market and the prospect of securitization of life settlements. The 
purpose of the Task Force was to examine emerging issues in the life 
settlements market and to advise the Commission whether market 
oversight and regulatory oversight can be improved. It was important 
to me that the SEC get ahead of issues related to life settlements, 
rather than reacting to them after the possible development of 
publicly offered life settlement securitizations. I understand that 
the staff comprising the SEC Life Settlements Task Force benefited 
greatly from their discussions and interactions with your professional 
study team. The SEC Task Force's review is stronger and better 
informed as a result. 

Your report recommends that Congress may wish to consider taking steps 
to help ensure that policy owners involved in life settlement 
transactions are provided consistent and minimum level of protection. 
Based on the work of the SEC's Life Settlements Task Force, I agree 
with this recommendation and further believe that enhanced investor 
protections should be introduced into the life settlements market. The 
SEC's Life Settlements Task Force has been focused on enhancing 
investor protections and addressing regulatory gaps in the life 
settlements market. I expect the Task Force will be making a set of 
recommendations to the Commission along these lines. 

As your report indicates, regulatory inconsistencies may pose 
challenges for policy owners, investors, and life settlement 
intermediaries. Investors, in particular, often face challenges 
obtaining adequate information about life settlement investments. In 
addition, your report notes that individuals in different states 
investing in the same life settlement investment may be afforded 
different regulatory protections and receive different disclosures 
about their investments. These are issues that should be addressed 
through clarification of regulatory authority, and I thank you for 
identifying them as challenges in your report. 

in conclusion, the GAO report on the life settlements market is a 
significant contribution to the understanding of this market and the 
challenges that result from the regulatory inconsistencies that exist. 
We greatly appreciate your focus on these issues and the 
thoughtfulness and comprehensive nature of your review. 

Sincerely, 

Signed by: 

Mary L. Schapiro: 
Chairman: 

[End of section] 

Appendix V: Comments from the National Association of Insurance 
Commissioners: 

The Center For Insurance Policy And Research: 
National Association of	Insurance Commissioners: 

June 7, 2010: 

Orice Williams Brown: 
Director, Financial Markets and Community Investment: 
U.S. Government Accountability Office: 
441 G. Street, NW: 
Washington, DC 20548: 

Dear Ms. Williams Brown: 

The NAIC appreciates the GAO's interest in life settlements, as they 
are part of a complex and evolving secondary market for life insurance 
products. Thank you for the opportunity to comment on the GAO's draft 
report titled "Life Insurance Settlements: Regulatory Inconsistencies 
May Pose a Number of Challenges" (GA0-10-775). 

We note the recommendation is for Congress to take steps to ensure 
consistent protections for policy owners involved in life settlement 
transactions. As the draft report mentions, the majority of states 
regulate the sale of a policy by the owner to a provider under 
insurance laws, and those state laws are consistent in their focus on 
policyholder protection. Key elements of state laws regulating life 
settlements include the licensing of brokers and providers, disclosure 
and reporting. We believe the NA1C Model Law on Viatical Settlements 
provides the appropriate consumer protections for policyholders in 
life settlement transactions and will continue to support adoption of 
the Model in additional states. 

The NAIC disagrees an option for a federal charter for insurance is an 
appropriate solution for the life settlements market and objects to 
inclusion of a discussion of federal chartering for insurers or the 
creation of a federal insurance regulatory entity, as neither proposal 
has ever included any federal role in the secondary market for life 
insurance products. 

Upending the existing system of state-based insurance regulation in 
favor of a federal charter option makes no sense given the success of 
the state regulatory system in the face of the ongoing financial 
crises. State officials have been effective stewards of the U.S. 
insurance marketplace, updating and retooling insurance supervision to 
meet the needs of the modern economy while preserving and enhancing 
consumer protections. Federal chartering of insurance companies would 
dismantle comprehensive state protections, confuse and disrupt 
insurance markets, undo reforms and harm insurance consumers. Federal 
chartering would create a new federal bureaucracy from scratch and 
allow insurance companies to "opt out" of comprehensive consumer 
protections and state oversight. Current proposals would gut consumer 
protection while outsourcing most critical regulatory functions to 
industry-run self-regulatory organizations. 

We are also surprised your report does not mention one of the obvious 
results from your survey of Licensed Life Settlement Providers. If one 
were to compare the total amount paid to policyholders to the total 
face value of the policies purchased by the firms, the results are 
stunning. Policyholders are receiving between 12.7% (2009) and 21.3% 
(2006) of the face value of the policy for giving up their right to 
collect at time of death. Even factoring in the time value of money, 
it appears that entering into a life settlement agreement is a very 
poor financial choice for most consumers. 

Again, we appreciate the opportunity to review this report and submit 
comments. The NAJC and its members will continue to promote consumer 
protection in the area of life insurance settlements. 

Sincerely, 

Signed by: 

Andrew J. Beal: 
Chief Operating Officer and Chief Legal Officer: 

[End of section] 

Appendix VI: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Orice Williams Brown, (202) 512-8678 or williamso@gao.gov: 

Staff Acknowledgments: 

In addition to the contacts named above, Pat Ward (Assistant 
Director), Joseph Applebaum, Meghan Hardy, Stuart Kaufman, Marc 
Molino, Barbara Roesmann, Andrew Stavisky, Jeff Tessin, Paul Thompson, 
and Richard Tsuhara made important contributions to this report. 

[End of section] 

Footnotes: 

[1] The cash surrender value of a policy is the contractual price at 
which a policy owner can return the policy to the insurance company 
that issued it. 

[2] Policy owners had the right to sell their life insurance policies 
before the emergence of the life settlement market. A Supreme Court 
decision in 1911 (Grigsby v. Russell, 222 U.S. 149) determined in 
effect that a life insurance policy is private property that can be 
sold at the will of the owner. 

[3] Both life and viatical settlements involve the sale of a life 
insurance policy by its owner to a third-party buyer, but the life 
settlement industry distinguishes between life and viatical 
settlements based on the insured's life expectancy. However, some 
state regulators define "viatical settlement" broadly to include both 
life and viatical settlements, as defined by the industry, and others 
define the term narrowly to include only viatical settlements, as 
defined by the industry. We generally use the term "life settlements" 
to refer to sales of policies covering insured persons expected to 
live more than 2 years and, thus, draw a distinction between life and 
viatical settlements. 

[4] Majority staff, U.S. Senate Special Committee on Aging, Life 
Settlements: Risks to Seniors, Summary of Committee Investigation 
(Washington, D.C., Apr. 29, 2009). 

[5] FINRA was established in 2007 through the consolidation of NASD 
and the member regulation, enforcement, and arbitration functions of 
the New York Stock Exchange. FINRA is involved in various aspects of 
the securities business--from registering and educating industry 
participants to examining securities firms; writing rules; enforcing 
those rules and the federal securities laws; informing and educating 
the investing public; providing trade reporting and other industry 
utilities; and administering a dispute resolution forum for investors 
and registered firms. 

[6] See, for example, GAO, Insurance Reciprocity and Uniformity: NAIC 
and State Regulators Have Made Progress in Producer Licensing, Product 
Approval, and Market Conduct Regulation, but Challenges Remain, 
[hyperlink, http://www.gao.gov/products/GAO-09-372] (Washington, D.C.: 
Apr. 6, 2009). 

[7] GAO, Financial Regulation: A Framework for Crafting and Assessing 
Proposals to Modernize the Outdated U.S. Financial Regulatory System, 
[hyperlink, http://www.gao.gov/products/GAO-09-216] (Washington, D.C.: 
Jan. 8, 2009). 

[8] [hyperlink, http://www.gao.gov/products/GAO-09-216]. 

[9] We surveyed 49 life settlement providers that were licensed in two 
or more states, and 25 providers completed our survey. 

[10] As noted above, we generally use the term "life settlements" to 
refer to sales of policies covering insured persons expected to live 
more than 2 years and, thus, draw a distinction between life and 
viatical settlements. 

[11] We surveyed insurance regulators in all 50 states and the 
District of Columbia. Forty-five states and the District of Columbia 
completed our survey. 

[12] Variable life insurance policies build cash value through the 
investment of premiums into separate investment options and offer an 
income tax-free death benefit to the beneficiaries. The cash value and 
death benefit vary based on the performance of the underlying 
investment choices. These policies are similar to traditional, or 
nonvariable, life insurance except that the policy owners have 
investment choices in connection with the underlying asset. 

[13] [hyperlink, http://www.gao.gov/products/GAO-09-216]. 

[14] Dodd-Frank Wall Street Reform and Consumer Protection Act, H. 
Rep. No. 111-517 (June 29, 2010) (to accompany H.R. 4173). 

[15] See, for example, [hyperlink, 
http://www.gao.gov/products/GAO-09-372]. 

[16] [hyperlink, http://www.gao.gov/products/GAO-09-216]. 

[17] [hyperlink, http://www.gao.gov/products/GAO-09-372]. 

[18] As noted in the background, we generally use the term "life 
settlements" to refer to sales of policies covering insured persons 
expected to live more than 2 years and, thus, draw a distinction 
between life settlements and viatical settlements. 

[19] We surveyed insurance regulators in all 50 states and the 
District of Columbia. Forty-five states and the District of Columbia 
completed our survey. 

[20] Although 34 states responded that they have life settlement laws, 
the responses to each survey question did not always total to 34 
responses. For example, one state does not require brokers or 
providers to be licensed. For some questions, states responded "don't 
know" or "not applicable" instead of "yes" or "no." 

[21] See SEC v. W.J. Howey Co., 328 U.S. 293 (1946). 

[22] See SEC v. Life Partners, Inc., 87 F.3d 536 (D.C. Cir. 1996). 

[23] See SEC v. Mutual Benefits Corp., 408 F.3d 737 (11th Cir. 2005). 

[24] See Griffitts v. Life Partners, Inc., 2004 Tex. App. LEXIS 4844 
(Tex. Ct. App. May 26, 2004). 

[25] Although 34 and 33 states reported providing their regulators 
with the authority to examine brokers and providers, respectively, not 
all of them provided us with data about the examinations they have 
conducted. 

[26] See, for example, GAO, Insurance Reciprocity and Uniformity: NAIC 
and State Regulators Have Made Progress in Producer Licensing, Product 
Approval, and Market Conduct Regulation, but Challenges Remain, 
[hyperlink, http://www.gao.gov/products/GAO-09-372] (Washington, D.C.: 
Apr. 6, 2009). 

[27] See GAO, Financial Regulation: A Framework for Crafting and 
Assessing Proposals to Modernize the Outdated U.S. Financial 
Regulatory System, [hyperlink, http://www.gao.gov/products/GAO-09-216] 
(Jan. 8, 2009). 

[28] [hyperlink, http://www.gao.gov/products/GA0-09-216]. 

[End of section] 

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