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What about companies that have the best whole life rates for a 37yr old male smoker
Rates (meaning premiums) are irrelevant to someone who wants WL for CV.
Dividends and rate of return on CV are what they usually want to see.
NYL has the 2nd highest Dividend in the industry right now.
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It is hard to find a product that is substantially "better" than NYL WL.
NYL, Mass, Guardian, NWM, are all on the same level.
After that, I would list Penn, Ameritas, Lafayette as slightly under the first level.
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What you need to look at is policy design.
What is the 7-pay premium? (it is listed in his contract)
What is he paying now?
If there is a large gap between the two, you know the policy is not overfunded, therefore it is not designed to maximize CV.
IF that is the case, then you have a true prospect in a completely ethical way.
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I get that he is interested in IUL. Maybe that is indeed the right fit for him. But make sure it actually is. And also make sure you truly know what he has now.
If he is dead set on moving to a different policy, then find him the best one you can.
But there is nothing wrong with a NYL WL, generally speaking.
Does the product and the way it is funded meet the goals of the client? That is a different story.