The Problem Is Not the Life Insurance Products, or the Illustrations
No court would ever expect that Emma should have remembered it all. Chances are there are lots of these situations out there waiting to emerge, and it’s going to cost carriers a lot of money. The Real Solution So, what is the solution? The main problem is that these products with complicated, nonguaranteed elements are just not “set it and forget it” types of products. They need maintenance. Here’s an outline of what I think is needed: 1. Emphasize simple, short disclosures, both at issue and on an ongoing basis. Pages and pages aren’t going to cut it. The disclosures really need to be read and understood. 2. Make disclosures verifiable and ongoing. We need a method that, as much as possible, can be verified as having occurred. Require a sign-off by the customer, and, if that’s not possible, solid documentation that disclosures and options are delivered regularly. 3. Provide adequate disclosure at issue. This should be a short, simple paragraph that explains, at a high level, that the product the customer bought has nonguaranteed elements that are, to some degree, subject to the discretion of the carrier. Note that even the “index formula” in indexed universal life products usually...