Even with federal regulatory agencies in place to monitor viatical and life settlement transactions, the industry is not immune to fraud claims and contract disputes. The North American Securities Administrators Association (NASAA) continues to warn about the possibility of Ponzi schemes, inadequate premium reserves and other ploys.
At the Los Angeles law firm of Beitchman & Zekian, PC, our trial attorneys are experienced in effectively defending our clients' interests in a broad spectrum of life settlement litigation matters. We have successfully handled the following types of fraud and breach of contract claims, among others:
- Failure to disclose — If a broker offers an insured only $1 million for his or her life insurance policy, intending to actually receive $3 million from investors and pocket $2 million as personal profit, this can be considered fraud. Years ago, no disclosure requirement existed. Today, the law is different.
- False life expectancy estimates — The policyholder's life expectancy is used to calculate the rate of return on a life settlement. If insurance agents or other life settlement professionals manipulate life expectancy estimates in order to charge more for the policy and increase profits, it constitutes fraud.
- Death benefit disputes — Breach of contract litigation occasionally arises when surviving family members or other beneficiaries believe that they should have received a larger share of the death benefits.
Weighing The Benefits And Drawbacks Of Litigation
The decision to litigate can be a difficult one to make. It requires a thorough analysis and assessment of myriad factors, coupled with an in-depth understanding of the client's ultimate goal.
For knowledgeable legal counsel regarding your particular situation, request a free initial consultation with a lawyer at Beitchman & Zekian, PC. Call 800-542-2046 or contact us online.