Transcript Document
Webcast Guidelines The audience is in listen-only mode. Please e-mail questions via the Q&A panel box. Select audience questions will be answered during the last five minutes of the program. WebEx customer support: 866-229-3239 Moderator Donna Horowitz Senior Editor, Life Settlements The Deal Expert Panel Daniel Young Vice President, Portfolio Management Vida Capital Expert Panel Jule Rousseau Partner Arent Fox Life settlements - Secondary Market Daniel Young Vice President, Portfolio Management Vida Capital Secondary Market Dan Young – President of Magna Life Settlements, Inc. • Magna was the Number One Provider in Industry in 2013 • Closed Most Face Value and Deployed Most Capital • Sees Large Policy Flow in Secondary Market • Mix of Captive Capital and Third Party Funding Sources • Owned by Vida Capital, Inc. • Consistent Capital and Execution • Diverse Buy Boxes • Due Diligence and Execution Secondary Market Secondary Market Advantages • Consistent Flow • Consistent Pricing • Control Closing Process • Barriers to Entry • Policy by Policy Selection • Insured Involvement in Process Secondary Market Policy Supply Policy Demand • Quantity Down but Quality Up • Average Issue Dates Prior to 2003 • Average Age Over 75 Years Old • Average LE Less than 140 Months • • • • • Average Face Less than $5MM • More Policy Owner Awareness Low Correlation Increased Regulation Attractive Policy Pricing Improved LE Accuracy Secondary Market Life Expectancy reports and face amount are not the only variables to consider for valuation of policies • Other Important Factors • Underwriting Class of Insured • Premiums • Maturity Extension Rider • No Lapse Guarantee • Break Even Analysis • Policy Origination CURRENT DEVELOPMENTS IN LITIGATION Jule Rousseau Partner Arent Fox Current Developments in Litigation Florida law—what can we expect? Brasner trial court decision— good faith required, challenge after 2 years (Pruco Life Ins. Co. v. Brasner, No. 08-cv-80804, D.E. 246 (S.D. Fla. Nov. 14, 2011); Pruco Life Ins. Co. v. U.S. Bank, 2013 WL 4496506 (S.D. Fla. Aug. 20, 2013)) Cotton trial on good faith—impossible task (Sciarretta v. Lincoln Nat. Life Ins. Co., No. 08-cv-80427, D.E. 150 (S.D. Fla. Mar. 2, 2012)) Appeals now in 11th Circuit (Oral argument in Brasner scheduled for September 10, 2014) Discussion Points: FL Stat on property/life, prior cases, and leading 11th Cir decision Current Developments in Litigation NY Federal Court criminal case—agents perpetrating STOLI U.S. v. Binday, et al., No. 12-CR-00152 (S.D.N.Y.) Issues raised for investors on cases? Impact on market – Is this a new blemish? Carrier truths about STOLI admitted in evidence; will courts ignore it as this court did? Current Developments in Litigation Phoenix cases—COI, RICO Status -- Lima LS PLC v. PHL Variable Ins. Co. et al., No. 12-cv-01122 (D. Conn.); U.S. Bank, N.A. v. PHL Variable Ins. Co., et al., No. 13-cv-01580 (S.D.N.Y.) Relevance to other carriers Aggressive pursuit of agents for chargebacks Current Developments in Litigation California law—developments in last year 9th Cir decisions (Wells Fargo Bank, N.A. v. American Nat. Ins. Co., 438 Fed.Appx. 838 (9th Cir. 2012); Hartford Life and Annuity Ins. Co. v. Barnes, 552 Fed.Appx 664 (9th Cir. 2014)) Fishman remains (Lincoln Nat. Life Ins. Co. v. Fishman, 638 F. Supp.2d 1170 (C.D. Cal. 2009)), Teren provides comfort (Lincoln Life & Annuity Co. of N.Y. v. Berck, 2011 WL 1878855 (Cal.App. May 17, 2011)) Question and Answer Session Donna Horowitz Senior Editor, Life Settlements The Deal Thank you for joining the webcast.