Close Menu
    What's Hot

    ReAssure Staff Pension Scheme Completes Bulk Purchase Annuity Transaction With Standard Life

    July 27, 2026

    Miller Retirement Benefits Scheme Completes Bulk Purchase Annuity Buy-In With M&G

    July 27, 2026

    Credit Commercial de France Pension Scheme Completes Bulk Purchase Annuity Buy-In With Royal London

    July 23, 2026
    X (Twitter) LinkedIn
    Longevity & Mortality Investor
    • Home
    • Coverage
      1. Life Insurance Capital Solutions
      2. Life Insurance
      3. Longevity and Mortality Risk Transfer
      4. Mortality
      5. Secondary Life Markets
      6. View All

      Big Year of Growth for Life/Annuity Sidecar-Like Activity in 2025

      July 2, 2026

      Sixth Street To Become Majority Shareholder of Monument Re

      June 30, 2026

      Pacific Life Re Appoints Florence Durousseau as Head of Capital Solutions, Europe

      June 15, 2026

      Third Block Reinsurance Deal With Tokio Marine & Nichido Life for Pacific Life Re

      June 10, 2026

      Shaping the Future of Health Insurance Through Innovation and Analytics

      June 10, 2026

      Q&A: Dr Christoph Schmitt, Director, Insurance, Fitch Ratings

      May 28, 2026

      Chronic Disease Onset and Cumulative Exposure: Clinical, Prognostic and Underwriting Implications

      May 13, 2026

      US Annuity Sales Notch Tenth Consecutive $100bn+ Quarter

      May 11, 2026

      ReAssure Staff Pension Scheme Completes Bulk Purchase Annuity Transaction With Standard Life

      July 27, 2026

      Miller Retirement Benefits Scheme Completes Bulk Purchase Annuity Buy-In With M&G

      July 27, 2026

      Credit Commercial de France Pension Scheme Completes Bulk Purchase Annuity Buy-In With Royal London

      July 23, 2026

      Smiths Industries Pension Scheme Completes Bulk Purchase Annuity Buy-In With M&G

      July 23, 2026

      Record Low Mortality Rates So Far in England and Wales in 2026

      July 9, 2026

      Organ Transplant Improvements Test Life Expectancy Assessment Models

      July 8, 2026

      The Pursuit of Everlasting Life Unlikely to Shift Actuarial Models

      June 10, 2026

      Pricing in the Unknown: Why Mortality Models Aren’t Ready for MCED Tests Just Yet

      April 9, 2026
      Litigation

      Litigation Update: Estate of Martha Barotz v. Wilmington Savings Fund Society, FSB, et al.

      July 22, 2026

      South Dakota Supreme Court Upholds Life Settlement Investor’s Right to Retain $10 Million Death Benefit

      July 22, 2026

      Optimism for Stronger Second Half in the Life Settlement Tertiary Market

      July 8, 2026

      US Life Insurers Embrace Securitised Credit as Demand for Yield and Diversification Grows but Hurdles Remain for Longevity-Linked Assets

      July 8, 2026

      ReAssure Staff Pension Scheme Completes Bulk Purchase Annuity Transaction With Standard Life

      July 27, 2026

      Miller Retirement Benefits Scheme Completes Bulk Purchase Annuity Buy-In With M&G

      July 27, 2026

      Credit Commercial de France Pension Scheme Completes Bulk Purchase Annuity Buy-In With Royal London

      July 23, 2026

      Smiths Industries Pension Scheme Completes Bulk Purchase Annuity Buy-In With M&G

      July 23, 2026
    • Events
    • Latest Issues

      Editor’s Letter – Volume 2, Issue 7, July 2026

      July 8, 2026

      Editor’s Letter – Volume 2, Issue 6, June 2026

      June 10, 2026

      Editor’s Letter – Volume 2, Issue 5, May 2026

      May 13, 2026

      Editor’s Letter – Volume 2, Issue 4, April 2026

      April 9, 2026

      Editor’s Letter – Volume 2, Issue 3, March 2026

      March 11, 2026
    • Contact Us
    Newsletter
    Longevity & Mortality Investor

    Recent Court Decision Close Enough to a Win for Life Settlement Industry

    Secondary Life Markets May 10, 2024By Greg Winterton
    Share
    Twitter LinkedIn Email

    The life settlement market has seen a few litigation cases in the state of Delaware in recent years whereby the estate of a deceased has brought a claim against a life settlement asset manager to recover the death benefit of the life insurance policy.  

    In these cases, plaintiffs argued that because these policies specifically were purchased using a premium finance arrangement (under which the insured borrows money to pay the premiums) they violated Delaware law on insurable interest when they were issued. 

    Recent Delaware decisions suggest that in these situations, the death benefit should go to the estate, so the consequence of these cases has been that the court has sided with the plaintiff, meaning that the asset manager, despite paying the premiums to keep the policies in force – often, for many years – has had to return the death benefit in full to the estate of the insured. 

    A recent decision in the 5th Judicial Circuit Court for Marion County, FL, however, provided something of a welcome ‘win’ for the space. 

    In U.S. Bank, N.A. v. Estate of Albart, judge Steven Rogers of the Circuit Court of Florida, Fifth Judicial Circuit (Marion County) ruled that, while the death benefit was due to be repaid to the estate, it must be done net of the premiums paid to the insurer for coverage. U.S. Bank is acting as the securities intermediary for Viva Capital 3 L.P., which is ultimately owned by affiliates of Blackstone. 

    Life Risk News understands that the decision is the first of Delaware cases to permit an offset for premiums paid, something that could be significant for any additional cases brought before the courts. 

    “It’s important to bear in mind that the offset for premium can be significant since the policies being litigated are well over 15 years old. In some cases, the premiums paid may exceed the death benefit,” says Jule Rousseau, Partner at law firm, ArentFox Schiff. 

    This ‘win’ for Blackstone – and the life settlement industry at large – will provide welcome relief for asset managers that still have premium-financed policies in their portfolios. Life settlement asset managers regularly assess litigation risk before purchasing policies and therefore make a judgement call with regards to whether they would want exposure to this risk at all, and if so, what price that risk price is worth.  

    Most of this risk exists, however, in the industry’s tertiary market, where larger portfolios are traded between investors; it is not unusual for the same policy to be traded multiple times over time. However, the secondary market rarely sees premium financed policies anymore, and they don’t represent a significant percentage of the industry.  

    “The specific issue in here is that of policies purchased with non-recourse premium finance loans. While there may be some legacy policies of this type in the tertiary market, as they mature, they’ll exit the market, and they’re not being replaced. The litigation activity makes it seem like this is a bigger issue than it really is to the industry at large,” said Rousseau. “Overall, the risk to the market as a whole remains low.’ 

    Representatives for neither Blackstone nor Cozen O’Connor, counsel for the Estate of Edward Albart, had responded to a request for comment by press time. 

    2024 - May Life Settlement Litigation Life Settlements Longevity Risk Volume 3 Issue 5 - May 2024
    Share. Twitter LinkedIn Email

    Related Posts

    ReAssure Staff Pension Scheme Completes Bulk Purchase Annuity Transaction With Standard Life

    July 27, 2026By LMI Newsdesk

    Miller Retirement Benefits Scheme Completes Bulk Purchase Annuity Buy-In With M&G

    July 27, 2026By LMI Newsdesk

    Credit Commercial de France Pension Scheme Completes Bulk Purchase Annuity Buy-In With Royal London

    July 23, 2026By LMI Newsdesk

    Smiths Industries Pension Scheme Completes Bulk Purchase Annuity Buy-In With M&G

    July 23, 2026By LMI Newsdesk
    Latest Issue

    Optimism for Stronger Second Half in the Life Settlement Tertiary Market

    July 8, 2026

    Organ Transplant Improvements Test Life Expectancy Assessment Models

    July 8, 2026

    US Life Insurers Embrace Securitised Credit as Demand for Yield and Diversification Grows but Hurdles Remain for Longevity-Linked Assets

    July 8, 2026

    Passage of UK Pension Schemes Act Seen Boosting Size of DB Superfund Market

    June 24, 2026
    Ad

    Where Longevity and Mortality Meet the Markets
    ISSN 2978-5219

    X (Twitter) LinkedIn
    Coverage
    • Life Insurance Capital Solutions
    • Life Insurance
    • Longevity and Mortality Risk Transfer
    • Mortality Risk
    • Secondary Life Markets
    More Info
    • Home
    • About Us
    • Contact Us
    • Guest Articles
    • Submit Story Idea
    Our Newsletter
    Get the latest industry news, commentary and events from the Longevity & Mortality Investor directly into your inbox. Why not sign up today?

    © 2026 Longevity & Mortality Investor. Website by Kavells.
    • Sitemap
    • Privacy Policy
    • Copyright Notice
    • Terms & Conditions

    Type above and press Enter to search. Press Esc to cancel.