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December 24, 2011

ELNY Liquidation: A.M. Best Concerned About Impact on Settlement Purchasing Companies' Investors

by John Darer® CLU ChFC MSSC RSP CLTC

The proposed liquidation of Executive Life of New York (ELNY) has potential fall out for investors in at least one structured settlement securitization, according to "the world's oldest and most authoritative insurance rating and information source", A.M. Best Company.

In an October 11, 2011 press release A.M. Best stated that it "has placed the debt ratings on three tranches of securities issued by 321 Henderson Receivables V LLC (Series 2008-3) (the issuer), a special purpose Nevada limited liability company, under review with negative implications. The rating actions were taken on the $74,646,000 Class A-1 8.00% Fixed Rate Asset Backed Notes, Series 2008-3; the $9,389,000 Class A-2 8.00% Fixed Rate Asset Backed Notes, Series 2008-3; and the $4,695,000 Class B 10.00% Fixed Rate Asset Backed Notes, Series 2008-3.

"The rating action was attributed to the fact that the Superintendent of Insurance of the State of New York has petitioned (dated August 31, 2011) the Supreme Court of the State of New York County of Nassau for an Order of Liquidation and Approval of a Restructuring Agreement for Executive Life Insurance Company of New York (ELNY), a life insurance carrier, who issued annuities intended to cover payments to claimants under the structured settlements. Those payments were subsequently purchased by the issuer. A.M. Best believes that the Liquidation and the Restructuring Agreement indicates that ELNY's ability to meet its ongoing contract obligations will be diminished". (emphasis ours)

Some settlement purchasers such as 321 Henderson, which is affiliated with JG Wentworth, purchase structured settlement payment rights from selling annuitants and then package the cash flows for sale to other investors, including insurance companies.

According to the ELNY Schedule 1.15 156 structured settlement annuities are estimated to have been factored.  Industry colleague Patrick Hindert informs us in his November 27, 2011 blog ELNY Liquidation-3. that  "reliable industry sources have informed S2KM the actual number of current ELNY SSAs previously factored is considerably higher".

According to Schedule 1.15, the total percentage of each ELNY SSA contract value "protected" by ELNY's remaining assets, state guaranty fund payments plus additional enhancements varies from 34 percent to 100 percent depending upon the individual contract

For those who are interested, the September 29, 2011  A.M. Best publication "Securitization of Period-Certain and Life-Contingent Structured Settlements" may be helpful reading.

Link to information about A.M. Best credit rating methodologies

 

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Posted at 07:41 AM in ELNY Liquidation News and Commentary, Executive Life Insurance Company of NY ("ELNY"), Patrick Hindert, Structured Settlement Factoring News |

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Guide to Structured Settlements 2022

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    How structured settlements work, including 4structures.com LLC's super helpful structured settlement flow chart/diagram showing how structured settlements fit in with other settlement planning solutions.
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    Which life insurance companies issue structured settlement annuities going into 2022? A list of current structured annuity issuers, the location of their home offices and their financial ratings from A.M. Best, Moodys, Fitch, Standard & Poors and/or other Tier1 NAIC ratings, with links to their websites and other useful information.
  • Treasury Funded Structured Settlements
    Treasury Funded Structured Settlements are a settlement option for the most conservative using the OTHER permissible qualified funding asset under IRC 130(d), United States Treasury Bonds in addition to, or instead of, structured settlement annuities. Treasury Funded Structured Settlements can also be used to fund installment sales, also known as structured sales and other non qualified structured settlements.
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    Use the Taxable Equivalent Yield chart to help compare the Internal Rate of Return (IRR) of a structured settlement to other alternative or complementary investments. Need help with the chart? Call 4structures.com® LLC at 888-325-8640
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    Ways You Can Structure Your Settlement Payments. With a structured settlement you can have more than one type of payment in a single contract. Different types of structured settlement payments can be customized and combined to meet your needs on a stand-alone basis, or in conjunction with other financial products. Diversify your structured settlement, if you wish, by funding with more than one annuity issuer, with treasury funded structured settlements, index linked structured settlement payments and market based structured .
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  • What Are Structured Settlement Annuities?
    Structured settlement annuities are annuities that can provide one or more customized annuity payment streams in a single contract. Read about structured settlement annuities here.
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    Tracing the roots of structured settlements history from 1918, when Congress exempted damages for personal injury or sickness from income tax, to the establishment of structured settlements as a core personal injury settlement planning tool to the present day.
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Qualified Settlement Funds

  • What is a Qualified Settlement Fund?
    Qualified Settlement Funds | What You Need to Know
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  • New York Insurance Advertising law requires the full name of the Insurer to be listed along with the city and state of the principal office. Stating that you represent these fine companies using Insurance company logos without the preceding information are also illegal
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