- 11,475
PS-- while the overloan protection is a great idea to always have on a policy, it is not a sure thing. The IRS has never ruled on it, so there is no guarantee that a person whose "overloan protection" merely kept a policy from lapsing & kicking out a massive taxable gain notice will actually function that way. Some carriers policies & illustrations state this is not a sure-fire guaranteed protection of the phantom huge tax notice.
While that is true, and there's been some spirited discussion about that, the triggering effect is having the policy lapse. If the insurance company doesn't have a lapsed policy, then there's no triggering effect.
Unless the IRS rules that the insurance company cannot manage their issued policies the way they want (IRS interfering with their business practices, yet determined to avoid a tax situation on behalf of their clients)... I don't see a problem.