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If The Insurance Company Fails
Insurance companies are regulated by the
state governments of the individual states where they are licensed. When a state determines that
an insurer is insolvent the state guaranty associations are activated. When
there is a shortfall of funds needed to meet the obligations to policyholders,
the remaining member insurers doing business in a particular state are assessed
a share of the amount required to meet the claims of resident policyholders. The
amount member insurers are assessed is based on the amount of premiums they
collect in that state on the kind of business for which benefits are required.
In 1983 the state guaranty associations
founded the National Organization of Life and Health Insurance Guaranty
Associations (www.nolhga.com). If the insolvency affects three or more states
NOHLGA coordinates the development of a plan to
protect policyholders.
Death versus Intensive Care
When FDIC steps in and takes over a bank you can order the coffin and set the
time for the wake because the bank is not coming back to life. It is dead.
When state insurance regulators step in they will often attempt
rehabilitation of the insurer and there are insurers that have entered state
receivership, been rehabilitated, and emerged from state care.
Since 2001 hundreds of banks have been taken over by FDIC and liquidated.
During that same time period 7 annuity carriers have been placed under state
control and three have been liquidated.
Golden
State Mutual In Conservatorship
Update: 2 March 2010.Golden State Mutual Life Insurance Company has entered into a letter of intent with IA American Life Insurance Company to transfer all of its in-force insurance policies to IA American.
IA American was established just weeks ago in Scottsdale, Ariz., as a subsidiary of Industrial Alliance Insurance and Financial Services Inc., Quebec City, Quebec.
On 30 September 2009 the California Insurance Commissioner served Golden
State Mutual Life Insurance Company with a conservation order and ordered
it to cease selling products. In 2008 Golden State was active in 12 states
with assets of $90 million. Annuities represented 12% of premiums (I
estimate 2008 annuity premiums at $3.4 million) with life insurance
accounting for 85% of other premiums. This action was not unexpected;
Golden State had been under scrutiny by California Department of Insurance
since 2004 and posted operational losses for the last three years. For
more information policyowners should contact Golden State at www.gsmlife.com
London Pacific Life & Annuity Company
entered liquidation 9 July 2004.
Our interpretation is that owners of London Pacific annuities will be 100%
covered up to state guarantee fund limits, but that amounts over state guarantee
fund limits will take an 8% or 9% hit to total annuity value.
This is our opinion and is not legal
advice. If you own a London Pacific annuity contact your state insurance
department. (you can link to your state insurance departments).
Standard
Life Insurance Company of Indiana entered state control on 18
December 2008. The state says it is operating on " a normal basis with the
exception of partial and full surrenders" (policy surrenders were
under a 6 month moratorium, that moratorium has since been extended
indefinitely). http://www.state.in.us/idoi
Shenandoah
Life Insurance Company entered receivership with the Virginia
State Corporation Commission on 12 February 2009. All annuity withdrawals,
surrenders and transfers have been frozen, but death claims will be paid.
More information is available
here
Update: 22 July 2009. Annuity
renewal rates have been cut to contractual minimum rates. Link
To News
There were three other annuity carriers that entered rehab
since 2001
and all were affiliated with the holding companies of Metropolitan Mortgage
& Securities and Summit Securities Inc. The three annuity carriers were Old Standard Life Insurance Company
(ID), Old West Life & Annuity (AZ) and Western
United Life Assurance Company (WA). Old West Life & Annuity
policies and Old Standard Life Insurance Company policies were fully assumed by
Great American 17 January 2006. Western United was acquired by a
joint venture formed by Global Secured Capital and DLB Capital in June 2008 and continues to operate.
The data above reflects annuity carriers only. If you include
non-annuity carriers like property &
casualty companies, bail bond insurance, health insurance and malpractice
insurance carriers over a dozen have been liquidated and nine entered rehab since
2001.
Data Sources:
Florida Department Of Financial Services
http://www.fldfs.com/receiver/receivership_list.asp
NOLHGA
http://www.nolhga.com/insolvencycorner/main.cfm/location/fundamentals
Illinois Office of the Special Deputy Receiver http://www.osdchi.org/receivership_order_menu_a.htm
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