response to the outcome of this case Mr. and Mrs. Smith are high net worth individuals. Much of their wealth, however, is in real estate. A few years ago, they met with an Insurance Agent who identified a life insurance need. Based on their situation, the Agent concluded that the Smiths could use $5 million in life insurance coverage. The Agent recommended a whole life policy that earns dividends and builds cash values. Based on their age and health, the annual premium for such a policy was $175,000. The Smiths did not have that much cash available to pay out of pocket premiums since their portfolio was comprised of primarily illiquid assets. The Agent advised them that they could still pay for the policy through premium financing. He suggested that they could borrow the money for the first few of years of policy premiums based on their good credit. Then, future premiums could be paid by the accumulated cash values in the policy. He showed them an illustration that made the purchase of the policy seem like a great plan, and the Smiths agreed to the premium financed purchase. They planned to borrow the first four years of premiums and have the policy fund itself thereafter. Now, four years into the policy, the earned dividends are materially less than what were originally projected. As a result, the Smiths were faced with the decision to keep borrowing $175,000 per year to pay premiums or to give up the policy. They had already borrowed $525,000 plus interest and could not afford the prospect of continuing to borrow $175,000 for the foreseeable future. The Smiths were very unhappy with the Agent as they believed the illustrated premium financing plan to be a sure thing. They sent a complaint letter to the Agent and the Insurance Company claiming he, the Agent, portrayed this funding mechanism as a guarantee. They have borrowed over $525,000 in premiums and stand to lose both the policy and the premiums. The Agent states that the illustrations were caveated as not guaranteed and he never guaranteed that they would not have to pay after year four. However, there are letters and e-mails from the Agent to the Smiths that portray this arrangement as very reliable.

Premium financing insurance plans often come with excess costs. An agent has a duty to disclose all the information , possible risks and coats associated with the policies.
 
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