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Glossary of terms
Life Settlement
A Life Settlement is the sale of a life insurance
policy generating proceeds that greatly exceeds the cash surrender
value in the policy. Policy ownership is changed and the new owner
assumes premium payments. In many states the sale of an existing life
insurance policy for an amount less than the stated death benefit is
considered to be a life settlement.
Viatical Settlement
A Viatical Settlement has been traditionally defined
as the sale of an existing life insurance policy for an amount less
than the stated death benefit involving an insured with a life
expectancy of twenty four months or less (Terminally Ill). However,
some states also use the legal term Viatical Settlement to describe a
traditional Life Settlement.
Life Settlement Financing Entity
A Life Settlement Financing Entity is a company who
is in the business of providing funds to facilitate the purchase of one
or more life insurance policies and who has an agreement in place to
purchase policies through a licensed Life Settlement Provider.
Life Settlement Escrow Agent
In every life settlement transaction, an Escrow Agent is hired
on behalf of both the seller and buyer to establish a level of trust,
ensuring all terms of the purchase agreement are met. This is typically
an independent entity such as a bank, CPA or specialty escrow company,
who holds and processes all documents and funds in the transaction
pursuant to instructions.
Life Insurance Settlement Association
Founded in 1995, LISA is the most widely recognized
trade association representing the Life Settlement industry, LISA
participates in educational, legislative and regulatory matters in all
50 states, including Puerto Rico and Canada. Its mission is to promote
the development, integrity and reputation of the life settlement
industry and to promote a competitive market for the people it serves.
Life Expectancy
Life Expectancy is an actuarial gauge for how long a
particular individual is expected to live based on their age and
health. Generally, the older someone is and the more health problems
he/she has, the lower their life expectancy will be.
Accelerated Death Benefit
An Accelerated Death Benefit is a life insurance
policy feature or "Rider" which could allow the insured/owner of the
life insurance policy to receive a portion of the death benefit prior
to the death of the insured. Most insurance carriers have specific
guidelines to determine if a policy will qualify for an Accelerated
Death Benefit pay out. Sometimes an ADB could be an alternative to a
Life Settlement or Viatical Settlement.
Terminally Ill
An individual is deemed to be Terminally Ill if
he/she has an illness or condition which could reasonably lead to death
in twenty four months or less.
Owner
The Owner in a life settlement transaction is the
individual or entity who is listed as the policy owner by the carrier
or certificate holder of the life insurance policy to be sold.
Insured
The insured is the person covered by the policy and
whose death will trigger a death benefit pay out by the life insurance
carrier.
Term Conversion Life Settlement
Many term policies contain a provision allowing the
term life insurance policy to be converted to a permanent product, such
as Universal Life. If a product can be converted to a UL product the
client may be able to sell his/her term policy in the life settlement
market.
Sales Contract/Purchase Agreement
This is a written agreement entered into by the life
settlement purchaser (Provider) and the life settlement seller
(Settlor/Viator). This legally binding document will lay out the terms
of the life settlement.
Life Settlement/Viatical Settlement License
Many states require a special license to operate as
a Life Settlement Broker, Life Settlement Provider, or Life Settlement
Agent. Common requirements are: a life insurance license, a background
check, continuing education, and state reporting.
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