March 02, 2009

American General Life Insurance Company

AIG recently posted Frequently Asked Questions regarding recent news and American General Life Insurance Company.


Frequently Asked Questions
March 2, 2009


Q. AIG announced a significant fourth-quarter loss and a restructuring of its organization. What can you tell me about this?
A. American International Group’s (AIG) fourth-quarter and 2008 year-end results reflected the organization’s worsening financial condition. At the same time, AIG and the Federal Reserve Bank of New York announced an overhaul of the government loan, which includes a renegotiation of the terms, as well as a restructuring of the organization. The plan provides access to additional financial backstops should market conditions persist, deteriorate or should the company seek to undertake certain types of divestiture or recapitalization activities. AIG’s liquidity needs have been significantly stabilized since last November and they are not drawing upon these backstop facilities at this time.

These announcements by no means end AIG’s financial difficulties, however, they afford the company more time to sell assets in order to repay the loan, and hopefully in a better economic environment. For more information, the full press releases are available at www.aig.com.


Q. What does the AIG restructuring mean to American General Life Companies?
A. American General Life Companies (American General) now has the time and flexibility to wait for market conditions to improve and to explore all options available to the business. What will not change is our commitment to our policy holders. Strict regulations ensure that our insurance companies set aside sufficient assets to back up each insurance policy, and these companies remain strong and well capitalized. Policy holders will be fully protected throughout the restructuring process.


Q. What can you tell me about the announcement that AIG will securitize part of the domestic life companies’ policies?
A. AIG announced that it will reduce the debt it owes the government, in part, by securitizing a defined block of in-force life insurance policies underwritten by its domestic life companies. This means that AIG will issue senior certificates to the U.S. government, which will in turn sell these certificates when market conditions stabilize or continue to collect the cash flows from the underlying policies.

This securitization program will in no way affect the day-to-day operations of any of our insurance companies and does not prevent the future sale of American General’s businesses. We will continue to write new business, administer policies and serve our customers and distribution partners. Our obligations to policy and annuity owners will not change, and our member insurers remain strong and well capitalized.


Q. Is my policy safe?
A. Yes. Our insurance companies remain strong and well-capitalized. We have ample reserves and capital to meet our long-term obligations to policy holders. We continue to operate normally, serving our clients with professionalism and integrity.


Q. Can you tell me more about how policies are protected?
A. Insurance is a highly regulated industry. All insurance companies doing business in the United States are regulated by state law, and required to maintain enough capital and surplus to satisfy their obligations to their policy holders. The type and quantity of investments in which insurance companies may invest surplus capital is also limited by state law.

Although various companies owned by American International Group, Inc. (AIG) are part of a larger insurance holding company system — including American General Life Companies insurers — each company is individually responsible for the liabilities associated with the business that it sells. In addition, each insurer is individually regulated by its state of domicile for compliance and financial solvency independent of its parent or affiliates. This includes ongoing financial reporting to the regulator and undergoing periodic financial examination.

In accordance with state insurance requirements and investment guidelines, an insurer’s general account is primarily invested in highquality investment grade fixed income securities (bonds). The investment objective of the general account is to optimize yield, adjusting for credit risk, liquidity and liability characteristics.

State insurance regulations are substantial and are designed to preserve and enhance the solvency of each insurer’s general account and to assure that the contractual obligations to its policy holders are fulfilled. These regulations, along with the conservative investment requirements, help to safeguard policy holders.

It is important to note that the guarantees related to individual American General Life Companies insurers’ life policies and annuity contracts are backed by the general account of the respective issuing companies. These general accounts support only the obligations of American General Life Companies insurers and are not obligated to support any other AIG businesses. If you would like to see what the state insurance regulators and the National Association of Insurance Commissioners have to say on this matter, please go to What The Experts Say


Q. What are your current ratings?
A. The ratings web page provides ratings of the American General Life Companies, as of March 2, 2009. For more detailed information, please visit the individual rating agency Web sites through links provided on the ratings page.


Q. What do ratings mean?
A. Independent ratings agencies, such as A.M. Best and Standard & Poor’s, provide opinions on an organization’s ability to meet its financial obligations to its policy holders, creditors and shareholders. Generally there are two components to ratings – a credit rating and a financial strength rating. Credit ratings, or longterm debt ratings, are an evaluation by the ratings agencies of the creditworthiness of an organization and its ability to pay its short- and long-term debt. Financial strength ratings are an evaluation by the ratings agencies of an insurer’s ability to meet its obligations to its policy holders.


Q. Someone has approached me about surrendering my American General Life Companies insurance policy or annuity contract. What should I do?
A. Be sure to have all the facts before making a decision about your insurance policy or annuity contract. Here are a few reasons why keeping your current policy or contract is likely the best choice for you:

  • If you cancel your policy or contract, you may subject yourself to surrender charges that could diminish its cash value.
  • If your health has changed since you bought your current insurance policy, a new policy could cost you more … or you may even be turned down for a new policy.
  • If you are older now than when you purchased your current policy, your premiums will likely be higher.


Q. Would the sale of one or more of the insurers of American General Life Companies impact policy holders?
A. No. The insurance policies written by one of our insurers are the direct obligations of that underwriting company – not AIG or any prospective buyer. The sale of an insurer does not change its obligations to its policy holders. Our commitment to customer service remains the same, and we continue to strive to exceed your expectations in everything we do. Our customer service centers are available to assist you with questions or policy maintenance issues.

October 03, 2008

Emergency Economic Stabilization Act of 2008 - Senate version

Here is the text of the Emergency Economic Stabilization Act of 2008, the version that the House voted on and passed on October 3, 2008.

Download emergency_economic_stabilization_act_of_2008_senate_version.pdf

September 28, 2008

Emergency Economic Stabilization Act of 2008 - link

The text, summary and a section-by-section document of the Emergency Stabilization Act of 2008 may be found at http://financialservices.house.gov/.

September 16, 2008

AIG filing allows "going private"

American International Group, Inc. filed an amendment today with the SEC that may allow a "going private" transaction and allows former AIG chairman Maurice Greenberg to protect his shares.   AIG filed Schedule 13D that allows CV Starr, who has retained Perella Weinberg Partners LP, to advise "Reporting Persons" on a myriad of financial options.  Besides the "going private" transaction other options include "acquisitions of assets from" AIG, loans, further investments in AIG, seeking board of directors, exploring a "merger, proxy solicitation, tender offer, exchange offer or otherwise", and considering strategic plan items.  

The filing further states that CV Starr may engage in discussions or cooperate with management, the board of directors and other AIG shareholders, and or other relevant third parties.

The filing also allows Reporting Persons to sell or transfer common shares, enter into "public or private transactions" and use privately negotiated derivative transactions, and stock options to hedge the market risk of their stock positions.

These actions are subject to appropriate laws including state insurance regulatory laws.

The entities listed as signing the form include, Maurice R. Greenber, Edward E. Matthews, Starr International Company, C.V. Starr & CO. Inc., Universal Foundation, Inc., The Maurice R. and Corinne P. Greenberg Family Foundation, Inc., Maurice R. and Corinne P. Greenberg Joint Tenancy Company, LLC, and C.V. Starr & Co., Inc. Trust.

http://www.sec.gov/Archives/edgar/data/5272/000135982408000022/schedule13da.htm

November 17, 2007

Structured Settlement Factoring Guide Updated

The Guide to the Transfer of Structured Settlements Annuities has been updated by the National Association of Women Judges.  See the news release http://www.primenewswire.com/newsroom/news.html?d=131589 for more information. 

It was written by two judges along with an executive of J.G. Wentworth, a factoring company. J.G. Wentworth is listed as a "Gold Sponsor" to the National Association of Women Judges.  A gold sponsor contributes $30,000 a year over 3 years, see NAWJ sponsor list.

For more information about the the guide see National Association of Women Judges website and click progrrams and publications.

January 23, 2007

Attorney Fees and Private Annuity Rules

In their article entitled "Attorney Fees and Private Annuity Rules" TAX NOTES, January 22, 2007, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=958185  Messrs. Raby and Raby embark on an intriguing discussion on this topic and argue that deferred attorney fees fit under the private annuity rules.

On page 311, item 4. they state that, "We believe that, looking at the economic reality of what has occurred, section 72 is broad enough to treat as annuity contracts obligations calling for payments in periodic installments at regular intervals, especially when the obligor has arranged for actual annuity contracts issued by insurance companies to be used to fund the payments.  That is all that a private annuity is - an unsecured promise to make periodic payments over a period of time or for the lifetime of one or more annuitants.  Since the attorney has traded his inchoate claim against the client for a third party obligation, with the trade being effective when the settlement takes place, the attorney has received an annuity contract."

One should note that the proposed Treasury regulations

http://www.irs.gov/pub/irs-regs/14190105.pdf

are concerned with Section 1001 of the Internal Revenue Code, which provides rules for determining the amount of gain or loss reported from the sale or other disposition of property and not deferred compensation.

January 05, 2007

Executive Life Policyholders get $295 million distribution

Former Executive Life Insurance Company policyholders who "opted in" will share $295 million in addtional distributions from an arbitration award.  This resulted from a dispute being resolved between the National Organization of Life & Health Guarantee Associations and the California Department of Insurance.

See the full press release from the California Department of Insurance:

http://www.insurance.ca.gov/0400-news/0100-press-releases/0060-2007/release002-07.cfm

See also the Business Insurance article on this same topic:

http://www.businessinsurance.com/cgi-bin/news.pl?newsId=9169

October 10, 2006

468B Single Claimant Guidance Request on Treasury's 2006 Priority Plan.

The Treasury Department has announced that the Society of Settlement Planner’s request to clarify section 468B’s tax treatment of a single-claimant qualified settlement fund is on their 2006 Priority Guidance Plan. In its August 15, 2006 joint statement it stated that the 264 projects should be completed between June 2006 and July 2007. This request has been with Treasury since June 19, 2003.  http://www.irs.gov/pub/irs-utl/2006-2007pgp.pdf.

September 06, 2006

John McCulloch leaves Allstate for EPS

Allstate Life Insurance Company announced today that John McCulloch, the manager of Structured Settlements at Allstate, has accepted the position of Vice President of Marketing for EPS Settlements.  This move is effective September 16, 2006.  Ron Johnson, Assistant Vice President of Allstate Life Insurance Company will take over managing the Structured Settlements department.  Mr. Johnson has over 20 years of experience as an officer of Allstate Life Insurance Company.

August 25, 2006

Murphy v. IRS decision and Comments

Here is a pdf of the Murphy v. IRS case Murphy v. IRS --- F.3d --- 2006 WL 24113372, D.C. Cir., Aug. 22, 2006 (Slip opinion No. 05-5139).

There has been an AP wire article on this that was carried in the New York TImes see New York Times . Tax Code on Emotional Damages Tossed. August 22, 2006.

Also there wasn at least one commentary in the financial wires on this topic on August 23, see financial blog reaction to Murphy.

In addition there are several tax and other blogs on this topic.  Please see taxprof where many are listed.