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Who is selling these rights to the clients? |
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Mosaic Caribe Ltd. originally purchases both ownership and beneficiary rights. Caribe then sells off the beneficiary rights to the client and lists each client as a direct beneficiary with the carrier.
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How is value computed in an Insurance Settlement? |
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A life insurance contract is the promise of a fixed sum paid at a future date upon death of the insured in exchange for a number of cash payments (premiums) before that date. The present value is adjusted for risk using actuarial calculations. Lapse and persistency factors are determinants. The present value of the death benefit and premiums are known amounts.
When a person is diagnosed with a terminal illness or condition where the Life Expectancy is medically determinable, the Life Expectancy is considered impaired. Actuarial value increases when life expectancy is considered “impaired” or actuarially shorter than when the policy was issued because:
- The present value of the death benefit increases since it will be received sooner than originally projected.
- The present value of the premium payments decrease because they will not continue for as long as originally projected.
This value is significant and calculable through the use of medical underwriting and administrative underwriting.
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What then, is purchased? |
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What then, is purchased? The investor is purchasing the new actuarial value of the death benefits of the impaired policy.
- For its present value less a discount for liquidity and for investor profit.
- At a price greater than the purchase price paid by the insurance company using their surrender schedule.
- At a price less than the present value of competing conservative investments.
In summary, the investor is purchasing the death benefit at a discount.
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How does the transaction work? |
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The transaction is accomplished through a series of steps:
- The investor receives and reviews a copy of an Asset Disclosure Exhibit for each policy that Caribe has available with information such as description, returns, and a brief diagnosis review.
- The investor fills out a reservation form for the policy(s) of their choice.
- Caribe confirms the reservation for the different policies.
- The investor fills out a Beneficial Interest Purchase Agreement.
- The investor writes a check or wire transfer funds to a third-party escrow account set up specifically for the investment transactions.
- Caribe sends the investor an acknowledgement of the investor’s purchase.
- Caribe applies the investor’s funds to the portion of the policies the investor has purchased and to the premium reserve account.
- Caribe issues a notarized Certificate of Irrevocable Beneficial Interest for each policy an investor has made an investment through Caribe. The closing documents are prepared and sent out to the investor.
- At each due date, Caribe pays the premiums to the insurance company to keep the policy in force.
- Caribe periodically tracks the health progress of the insured on a confidential basis so as to determine when the insured is deceased.
- When Caribe learns that the insured has expired, Caribe files the death benefit claim on behalf of the investor and the insurance company issues a check to the investor for the investor’s portion of the death benefit claim.
View Diagram of Process
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Does the client own the policy? |
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No, the investor owns the rights to all or a portion of the death benefit. Caribe owns the policy. This is necessary in order to pay premiums, make beneficiary changes and file death benefit claims. If the client owned a policy, he or she could appoint another beneficiary or forget to pay a premium. There is no value in policy ownership; the value is only in the beneficiary rights.
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What happens if a Life Insurance company who issues a policy goes bankrupt or insolvent? |
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Insurance is monitored and regulated by state insurance departments, and one of their primary objectives is protecting policyholders from the risk of a company in financial distress. When a company enters a period of financial difficulty and is unable to meet its obligations, the insurance commissioner in the company’s home state initiates a process—dictated by the laws of the state—whereby every attempt is first made to help the company regain its financial footing. This period is known as rehabilitation.
If it is determined that the company cannot be rehabilitated, the company is declared insolvent.
If a U.S. Life Insurance company is deemed insolvent then there are several levels of safe guards currently in place. Typically, the carrier is taken over and operated or liquidated by state insurance regulators. Regulators have the authority to use the Required Reserves which each carrier has on deposit to settle any outstanding claims. If this amount is not enough then regulators can access a state guaranty fund which each state has in place.
For more information visit http://www.nolhga.com/policyholderinfo/main.cfm/location/insolvencyprocess
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How does the transaction work? |
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The Retail transaction is accomplished through a series of steps:
- The client receives and reviews a copy of an Asset Disclosure Exhibit for each policy that Caribe has available with information such as description, returns, and a brief diagnosis review.
- The client fills out a reservation form for the policy(s) of their choice.
- Caribe confirms the reservation for the different policies.
- The client fills out a Beneficial Interest Purchase Agreement (BIPA).
- The client submits the Anti Money Laundering (AML) form to accounting for approval of the transaction. When client or agent receives approval go on to step 6.
- The client writes a check or wire transfer funds to a third-party escrow account set up specifically for the investment transactions.
- Caribe sends the client an acknowledgement of the purchase.
- Caribe applies the funds to the portion of the policies that was purchased, and Caribe transfers funds to the premium reserve account.
- Caribe issues a notarized Certificate of Irrevocable Beneficial Interest for each policy purchased through Caribe. The closing documents are prepared and sent out to the client.
- At each due date, Caribe pays the premiums to the insurance company to keep the policy in force.
- Caribe periodically tracks the health progress of the insured on a confidential basis so as to determine when the insured is deceased.
- When Caribe learns that the insured has expired, Caribe files the death benefit claim on behalf of the client and the insurance company issues payment to the clients for their client’s proportional share of the death benefit claim.
The Cascade Transaction is accomplished as follows
- The client receives and reviews the Cascade Illustration and application.
- The client fills out the application and verification of funds statement.
- The client then either submits a check or wire transfer in the amount of their purchase.
- Caribe sends the client an acknowledgement of the purchase.
- Caribe applies the funds to the portion of the policies that was purchased, and Caribe transfers funds to the premium reserve account
- Caribe issues a notarized Certificate of Irrevocable Beneficial Interest for each policy purchased through Caribe. The closing documents are prepared and sent out to the client.
- At each due date, Caribe pays the premiums to the insurance company to keep the policy in force up until the date of LE plus 1 additional year.
- Caribe periodically tracks the health progress of the insured on a confidential basis so as to determine when the insured is deceased.
- When Caribe learns that the insured has expired, Caribe files the death benefit claim on behalf of the client and the insurance company issues payment to the clients for their client’s proportional share of the death benefit claim.
- Simultaneously, Mosaic Caribe sends the client a letter informing them of the maturity. If the client wishes to withdraw funds from the portfolio they must return this letter with instructions within 45 days.
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Is all of this servicing work done in the British Virgin Islands? |
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No, Caribe has a servicing agreement with 3rd party providers, and has administrative offices in San Jose, Costa Rica and Boca Raton.
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How are the funds managed? |
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Caribe has established a 3rd party escrow arrangement service. When the client’s money is received, a portion is allocated to the Purchase Deposit Account and the remaining amount is allocated to the Premium Reserve Account. Under the terms of the Escrow Agreement, the Escrow Agent is the only party who can write checks to:
- Purchase policies or fractions.
- Pay premiums.
- Invest in safe money market or other liquid instruments until a premium is due.
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Who is the Escrow Agent? |
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The Trustee is Goldstein Lewin & Co. a large regional public accounting firm located at 1900 NW Corporate Blvd., Suite 300 East Boca Raton, Florida 33431 Boca Raton - 561-994-5050 Broward - 954-429-8555 Dade - 305-944-3582 Palm Beach - 561-737-0309 FAX - 561-241-0071 info@goldsteinlewin.com Goldstein Lewin & Co., Certified Public Accountants and Consultants, provides a broad spectrum of services including tax planning and compliance, wealth preservation and estate planning, technology consulting, software consulting and, accounting and auditing (including SEC and other regulatory agency compliance), business valuation, eldercare, litigation consulting, financial planning through an affiliate, and employee benefits consulting. http://www.goldsteinlewin.com/default.asp
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Is the Bank where the Escrow accounts are held located in the British Virgin Islands? |
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No, the accounts are held in major US banks.
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How can I be sure there is sufficient funds in the premium reserves to pay the premiums on my policy? |
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The funds are held in Escrow and can only be released by the agent. Any use of the funds other than for premiums is limited to very liquid purchases. If any client wishes to verify that adequate funds still exist for a given policy, they, at their expense, can have the reserve audited.
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What if the insured lives beyond the Life Expectancy and the additional year? |
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If the policy has not matured within the reserve period and a premium waiver is not in effect, the client will be responsible for paying his portion of any additional premiums required. Caribe will notify the client well in advanced of this requirement.
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What is the minimum purchase amount? |
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As a standard, the minimum investment is $10,000 US for a retail transaction and $25,000 or $50,000 minimum investment on a Cascade Portfolio depending on the country. On occasion, a remaining amount on a given policy may be smaller than that amount and Caribe may choose to accept a lesser sum.
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Will taxes be withheld on earnings from a Caribe Insurance Settlement? |
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At this time, insurance companies do not withhold any taxes on death benefits paid to beneficiaries. Since Caribe makes each investor a direct beneficiary of their pro-rata share of the policy, the insurance company will issue payment direct to the client. Mosaic Caribe, Ltd. does not give tax advice; is not qualified to give tax advice and unless you, our Caribe agent are so qualified, you should not offer any tax advice whatsoever. Instead, the client is to be advised to seek tax advice from a qualified tax professional.
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Who do I contact for questions or service? |
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All servicing questions are handled under contract for Caribe by: Mosaic Caribe, SA. Apartado Postal 187-1230 Plaza Mayor Escazu, 100M al Sur del Centro Commercial Multiplaza, Centro Corporativo Atrium Primer Nivel Local #2 San Jose, Costa Rica Phone: +(506) 2 201-5332 Fax: +(506) 2 201-5331 Email: info@MosaicCaribe.com
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What are the advantages of Caribe? |
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There are several advantages:
- Smaller initial purchase amounts than many competitors.
- Direct appointment as beneficiary on the policy.
- Faster closing documents because Caribe owns the inventory.
- Uniform documents for easier processing.
- Minimal possibility of a rescission.
- Limited jurisdictional and licensing oversight.
- Quality products from managers you trust.
- Excellent gains on assets maturity for clients.
- Excellent commissions.
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Are there additional agreements to be signed in order to become a Caribe Agent? |
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Yes, there is a representative agreement and a Standard Operating Procedure.
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What sales aids are available? |
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Along with all of the tools and resources located in the Agent Section of the website site, there are PowerPoint slide shows, which are available on disk. There is an 8-panel brochure and an array of analysis tools useful for illustrating the insurance settlement concept.
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Why is client ID required in an instance where the SIPP provider is the purchaser? |
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For processing reasons we have asked for it as most agents cannot differentiate between document requirements if they change.
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Does the policy seller / insured, know what their expected LE is? |
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Yes! remember they chose in many cases to sell there policy so they sent in their meds and obtained original LE. So therefore they would know what it was. In the case if a tertiary market policy (a policy that maybe a fund held) the insured may not know of any updated LE numbers after the original sale)
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What provisions are in place to protect investors against the collapse of Goldstein Lewin? |
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The collapse of Goldstein is not a large risk. First of all Goldstein has a $5Million dollar E&O policy in force, second the money Goldstein holds is the premium reserve monies. These funds are held in a financial institution and covered under FDIC and other bank guarantees. IF Goldstein were to be insolvent those are not there funds but they only acted as escrow agent, therefore the regulators would then have to transfer escrowed funds to a new escrow agent.
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Once closing documents have been issued, is the investor able to contact the insurance company to check their beneficial status? |
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Typically since they are not policy owner they would have a problem getting much info. However we this is requested we can always provide a letter from the carrier confirming this.
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Will Caribe sell other polices in addition to the Caribe branded ones? |
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There are no plans at this time to do so. However, there are plans to offer unique products through Caribe that address many investors and agents needs.
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What are the advantages (and perhaps disadvantages) of having our own provider company and what is it role? |
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The advantages are huge ! First of all it is very important to know they background of a policy. Our underwriting is much more thorough than most and we are making sure that insurable interest was in place when the policy was originally sold. We are looking into the health status and we use a medical advisory board to discuss insured’s health issues instead of only taking a 3rd party opinion off of an LE. Plus as a provider we get much more policy flow (or choices) and can always be assured we have the access to policies to close a deal)
Really it is very important to ensure compliance within each case, to understand how the policy was originally underwritten, and to have access to the best cases possible. Any disadvantages are all of the regulatory compliance in dealing with state insurance commissioners and then multiple these requirements by 50 states.
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