The Real Costs of Fractional (Modal) Premiums

Why are you even here? You cannot ask me to explain what I said, and then threaten legal action because I explained it. Don't get into your feelings.

I have said repeatedly throughout that you are introducing unnecessary complexity into the transaction. I do not think you are some evil person trying to get over on all your clients, however from how I see it, if you are offering them options of companies, then at some point you will show them the chart with these fractional APR's. Why would a client pick the ones with the highest APR's? Don't you think some clients may feel you are more trustworthy for giving them this information?

Posting links to your blog is not false advertising, but the article itself to me is misleading. It's the content, and you present it as fact that the consumer is being mislead by not disclosing this. For the companies that don't disclose, has it been proven in court that its misleading? Do you think that a consumer will have a negative or positive reaction to reading about a company charging a 42.8% APR? What do most consumers associate with APRs?

You never answered me if you had checked with the compliance departments at all the insurance companies about disclosing these APR's.

I want to make clear that I do not think you are lying I think you are misguided. You are on a crusade like the good folks over at Primerica that you called out. You provided a lot of transparency on your site and made a lot of claims and you left me with a lot of questions.

The part about not selling cash value products and providing an analysis to move them away from such products if they have them really struck me off though I do have to admit. That just seems like a conflict of interest to me. Specifically because you mentioned you are protecting the advisor's assets under management. Can you explain how that is not a conflict of interest?

I really think if you read Dr. Belth's article, you will gain so much insight into the original issue of fractional premium cost disclosure that I raised.

Perhaps I need to do a better job, or a follow-up post to my article, that provides some context to make it so that people don't just go punt their policy because they see "42.8% APR" and freak out. I will commit to giving that some thought.

I do still think there is value in sounding the alarm on things like this. You may disagree that this information is too much, or overload. I think, in its proper place and context, it is useful. And I think trying to spoon feed or filter what we do and don't think the client needs can be very dangerous road, especially when such huge profits are at stake. Like I said, the profits from Primerica's practices of encouraging the monthly payments are enormous. Can we really trust them when they say, "the client really doesn't need to see the effective rate we're earning here. It's just going to confuse them?"

It's just my position that it needs to be disclosed as a matter of course when a client chooses his premium mode. I think it is the respectful thing to do. I think the industry fights doing this because it is wed to the disguised profit center, at the consumer's expense. And I just flat out think any arguments to the contrary are, at best, silly. That's just what I believe. It is not an attack against you or any one person. It is an opinion about the entire industry in this one particular area. I stand by it.

I certainly have not, nor will I be, reporting up to the insurance companies that I show their modal costs as an APR to policy holders. They have fought such disclosure vigorously. Why would I want to bring myself under that scrutiny when I am only doing what is sensible and fair for the client? Because it's "the law?"

Yeah, well at one time it was also "the law" in Germany to turn in Jews. I am not trying to go all self-righteous here because, as I've already said, God knows I've made mistakes on this very thing for many years of my career. But they were uninformed mistakes. That is my only remote defense. I did not know I was hiding something important.

So, now, I disclose it. It is an inconvenience to do so. It adds work, albeit a small amount of work, to each transaction. But I truly believe it is the right thing to do. It gives the client the best information to make a decision for how to pay for his/her policy.

And yes, I think it does provide a window into the character of an organization. So if what I've posted on my site has the effect of steering folks away from Primerica, I'm not at all displeased with that. Of course, I wouldn't want them to go cancel an existing policy without a good, justifiable replacement. But I do think that Primerica should be avoided if it can be. That is my opinion. I'm not bating anyone or twisting anyone into a policy by expressing it on a web forum.

I can see why the comments about cash value insurance would strike you as a troublesome. But if you'll look carefully, you'll see that I did not say that my analysis ALWAYS will help blow up cash value policies. I am responsible in the way I conduct this analysis. There have been occasions when the analysis I've done strongly suggests that a client should remain in a whole life policy, even if he/she might not have been best served to buy it in the beginning. I understand those nuances. I am not Dave Ramsey, here.

That said, in general, I happen to believe that most cash value policies introduce complexities that are costly to deal with for both their owners and the advisors trying to incorporate the policies into a financial plan. In general, I think that if they can be blown up responsibly, they should be. So I don't hesitate to provide that counsel when I believe its the right thing.

And it just so happens that (surprise, surprise) many folks in the fee-only planning and AUM world tend to appreciate that perspective. It frequently dovetails with the types of assets they believe are best for the client, work best in their financial plans. I don't think it's a conflict of interest for me to state my product bias because it happens to align with the views of most the advisors I court for business. I genuinely believe what I believe. It's not like I'm shape-shifting my opinions just to score votes or referral sources.

Now if you mean that the conflict of interest is that I get to sell a term policy by blowing up a permanent policy, I can see how that might concern you. Especially if you've experienced the reckless replacement empire of Primerica.

I don't know what to say except that's just not how I roll.

If you really want to audit me, then shoot me an e-mail at [email protected]. I will shoot you a PDF of the last whole life replacement analysis I did, sans names of course. And you'll see for yourself that it was quality work, impartial, and in this case actually counseled the client to keep the policy (which was a well-designed, overfunded WL contract with NYL that was in its fifth year). Both me and the client's advisor sat there trying to tell the dude not to cancel it. But nope, he was adamant. He wanted to cancel.

And sure, I was there to put him into a good term policy. Conflict of interest? Sure. But the problem is not having a conflict of interest. A fiduciary commitment discourages conflicts of interests, but it does not preclude them. The language is very clear: they must be acknowledged and disclosed. The client must provide informed consent to the conflict. That all takes place within the scope of what I do for each and every deal. It is definitely a pain in the ass at times. But that's the price of doing business this way. I accept that. And it is getting easier as I go.

The market niche I'm occupying is very contrarian within the industry. I recognize that. I suppose, in a way, I'm inviting this type of reaction when I post on this forum and draw any attention to my site.

Lesson learned. I need to keep a lower profile.

I really am not kidding when I say that you'll probably see no more backlinks from me on here anymore. Or at least far fewer. This has truly been an eye-opening experience. And the stuff you wrote really scared me. You sounded like someone who would report me to a state regulator. Or someone who'd try to make my world miserable by disenfranchising my appointment contracts with my carriers, which would seriously (temporarily) disrupt my practice and my service to many clients.

And I would definitely defend myself vigorously if anything like that were to take place. Not out of spite. Just out of self-protection.

I do appreciate you clarifying your position to exclude the harsher accusations. I can live with "misguided" and even "***." The other stuff - the rebating and twisting stuff. That was very disconcerting.

OK. I'm definitely ready to be done with this if you are.
 
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Nope. Two separate professional services, and his offer to reduce up to 100% of the fee is his professional prerogative.

If he was a real Fiduciary Adviser (IAR), then this would be correct.

But most states prohibit taking fees for analysis and also writing that policy yourself. I know for a fact the state of IL does and I think CA is the same.

There is no "going back" after this agreement has been made. That is per state law. You enter into a contractual agreement with the Client and you are prohibited from writing that case or profiting from commissions derived from the sale of a policy that results in your Analysis.



AboutThatLife is exactly correct on that issue. At least within the state of Illinois. What Burton describes is 100% a violation of IL insurance laws. From my understanding many other states too.



You can sell them other policies that are not related to the Fee based Analysis. But any policy recommended or reviewed in the Fee based Analysis is 100% hands off for the Advisor when it comes to writing the business.
 
If he was a real Fiduciary Adviser (IAR), then this would be correct.

But most states prohibit taking fees for analysis and also writing that policy yourself. I know for a fact the state of IL does and I think CA is the same.

There is no "going back" after this agreement has been made. That is per state law. You enter into a contractual agreement with the Client and you are prohibited from writing that case or profiting from commissions derived from the sale of a policy that results in your Analysis.



AboutThatLife is exactly correct on that issue. At least within the state of Illinois. What Burton describes is 100% a violation of IL insurance laws. From my understanding many other states too.



You can sell them other policies that are not related to the Fee based Analysis. But any policy recommended or reviewed in the Fee based Analysis is 100% hands off for the Advisor when it comes to writing the business.

I have not read the Illinois code and won't until I have occasion to work in that state. But if it's rule is drafted on the NAIC model regs, then it basically just says the same thing they all do:. No double dipping.

I don't double dip. Last time I'll say it.

And the language in my contract makes it clear that this will not happen. It is quite possibly the most consumer-slanted contract ever drafted in the history of the world. The only essential thing it requires is the exclusive right to represent. Everything else like mode/manner/timing of comp is at the discretion of the client.

The regs are designed to protect consumers. I am 100% confident that I would be found in good stead on that front by anyone who examined how my clients are treated.

And if in fact I were strung up by an examination and reprimanded for what I am doing, the PR I could generate from that would be worth a fortune to me, and would be a complete blight on the industry:

"Broker In Texas Sanctioned by Insurance Department for Offering Fiduciary Life Insurance Services"

That would be a gold-mine for me. Maybe that would actually be worth the short term hassle. Heck, I might have just talked myself back into back linking.

It's one thing to fight against being held to a fiduciary standard, which the industry has spent hundreds of millions doing.

It's quite another to actually discipline an agent for freely offering to work under that standard of care, of his own volition.
 
Do you offer to offset fees with commissions?

Yes, and when an offset occurs, it is a 100% offset, which is what the model regs require. If you think the language on my site is ambiguous on this point, I will take that under advisement and revisit it soon. But websites aside, as a practical matter, my contract with the client and treatment of the client falls within the bounds of model regs of the NAIC. Some individual state might have altered the model regs, which is something I would need to explore state by state as the occasion presents itself. If nothing else, your point is a good reminder to make sure I dot those i's and cross those t's. And for that I thank you.

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Furthermore, AboutThatLife, after giving it some thought, I added the following addendum to my blog posts:
- - - - - - - -
A Final and Important Warning

The presence of a high modal factor (and APR) on your specific life insurance policy may be unsettling. You may feel tricked and angry. However, a high APR does not form the basis, in and of itself, for changing policies or switching carriers. It could be a reason to explore your options with other carriers: I believe it does provide a window into the character of an organization. And it is most certainly a good reason to consider changing your payment frequency to avoid unnecessary costs (if you can do so).

But only after a comprehensive comparison of your policy to any replacement alternative should a switch of policies be undertaken. And even then, you would want to have a fully underwritten, firm offer of coverage in hand before you took the risk of letting your existing policy lapse. Never make the assumption you can get a "better deal" just by grabbing some up front quotes from an agent or a website.

It is fine and appropriate to be frustrated if you discover you have been paying high costs that you could have minimized if you'd known better. But don't go make a rash decision to switch policies without conducting a full analysis.
- - - - -

Thank you for helping me see the possibility that people might over-react to my blog post. People are certainly naive and rash at times. So it's better to be safe than sorry on that front.
 
Wow. I didn't read all that and don't plan to.

What I know from my experience (which is probably much less than alot of others here), people as a whole tend to do much better with a monthly premium that is auto-drafted. Yes, I have clients that pay annually, and yes some pay sizable premiums. But going monthly insures 1) they pay their premiums and 2) the policy stays in force.


I'm sure that most people understand that they get a better deal if they pay annually - just like on about anything they pay for. I talk it over with my clients, and the ones that have adequate resources and discipline, we go annually. They get more bang for their buck. But most go monthly, and they are fine with it. Had one switch from monthly to annually a couple months ago, so that is always an option as well if they can swing it. The flip is also true, had one client that did annually for a few years hit a rough spot due to a job loss and couldn't come up with his annual premium. So that can also happen.

I wonder what the lapse rates are on annually vs monthly? Probably varies alot by product/demographic.
 
If he was a real Fiduciary Adviser (IAR), then this would be correct.

A series 65 has absolutely nothing to do with insurance as it is an outside business activity and should be disclosed as such, along with its perceived conflicts of interest.

A series 65, as you know, is about the Investment Advisers Act of 1940 - dealing with securities.

This thread hasn't dealt with anything regarding securities. We're talking about offering insurance analysis as a fiduciary... as defined by contracts that Michael is talking about.

Completely different licenses, business entities, and contracts required.

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Oh, and since Michael has a CFP designation, he at least holds a Series 65 exempt credential. I don't recall if he is registered with an IAR or has his own RIA, but it's still a moot point.
 
A series 65 has absolutely nothing to do with insurance as it is an outside business activity and should be disclosed as such, along with its perceived conflicts of interest.

A series 65, as you know, is about the Investment Advisers Act of 1940 - dealing with securities.

This thread hasn't dealt with anything regarding securities. We're talking about offering insurance analysis as a fiduciary... as defined by contracts that Michael is talking about.

Completely different licenses, business entities, and contracts required.

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Oh, and since Michael has a CFP designation, he at least holds a Series 65 exempt credential. I don't recall if he is registered with an IAR or has his own RIA, but it's still a moot point.


I never said it did.

But your statement was only true if he is acting as an IAR... which he is not when using his Counselor License.

I dont think you understood my statement. IARs are allowed to offset fees. In most states, to the best of my knowledge, Insurance Analysts/Counselors are prohibited from acting as both agent and advisor. The language often specifically states an Analyst may not engage in sales of any kind related to the analysis. It is very clear cut in those states.


Also, a Series 65 most certainly can charge a fee for insurance advice if it is related to the financial plan they are creating for the client.


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Yes, and when an offset occurs, it is a 100% offset, which is what the model regs require.

The model regs mean nothing for agents who are actively doing business within a state. State regs are what matter. NAIC model regs are just that... a model for the states to base their laws off of. You are required to follow state laws, not NAIC model regs.

Have you read the TX regs regarding your Counselor License? Very few states allow an offset of fees. Most states specifically prohibit the Analyst from even touching the application for the recommendations they have given.
 
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Wow. I didn't read all that and don't plan to.

What I know from my experience (which is probably much less than alot of others here), people as a whole tend to do much better with a monthly premium that is auto-drafted. Yes, I have clients that pay annually, and yes some pay sizable premiums. But going monthly insures 1) they pay their premiums and 2) the policy stays in force.


I'm sure that most people understand that they get a better deal if they pay annually - just like on about anything they pay for. I talk it over with my clients, and the ones that have adequate resources and discipline, we go annually. They get more bang for their buck. But most go monthly, and they are fine with it. Had one switch from monthly to annually a couple months ago, so that is always an option as well if they can swing it. The flip is also true, had one client that did annually for a few years hit a rough spot due to a job loss and couldn't come up with his annual premium. So that can also happen.

I wonder what the lapse rates are on annually vs monthly? Probably varies alot by product/demographic.

Good choice. :D

And solid thoughts. Thanks for sharing. I would love to know the same thing about lapse rates. I am pretty sure quarterly is the highest. But monthly vs. annual, I bet it's a toss up. If I had to guess based on my own limited experience, I would say annual - the paper bill gets lost.

The only near lapses I've seen on monthly PAC are when the client changes banks and forgets to update the info with the insurance company.

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The model regs mean nothing for agents who are actively doing business within a state. State regs are what matter. NAIC model regs are just that... a model for the states to base their laws off of. You are required to follow state laws, not NAIC model regs.

Have you read the TX regs regarding your Counselor License? Very few states allow an offset of fees. Most states specifically prohibit the Analyst from even touching the application for the recommendations they have given.

I have read the TX regs and am fully satisfied that I am within the bounds of both the written law and the moral law. As is my attorney. And my pastor.

Meanwhile, my publicist anxiously awaits and hopes for disciplinary proceedings to ensue. He's cracking his knuckles even now.

As I already stated, I will read each state's code carefully on this matter when I have the occasion to conduct business in that state.

Can I cry, Uncle, now?

P.S. You have a future in Compliance if you ever get tired of sales.
 
I have read the TX regs and am fully satisfied that I am within the bounds of both the written law and the moral law. As is my attorney. And my pastor.

And what do they say about taking commissions to offset fees? What do they say about selling policies that you also consulted on?

It wouldnt be hard to just post the law and put the issue to rest for at least the state of TX...
 
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