ACLI – Amicus Briefs

1980s

  • 1981 – ACLI – Amicus Brief – Aetna v Mitchell (WI Insurance Commissioner) – 32p 
  • 1989 – LC – Firestone Tire & Rubber Co. v. Bruch., No. 87-1054., Supreme Court of United States. 489 U.S. 101 – [link-Google-Scholar]
    • Argued November 30, 1988, Decided February 21, 1989
    • Appeals for the Third Circuit
    • [*] Briefs of amici curiae urging reversal were filed for the American Council of Life Insurance et al. by Phillip E. Stano, Jack H. Blaine, and David J. Larkin, Jr. [ACLI] – <WishList>

1990s

  • 1998 –  LC – ACLI – Amicus Brief – Crown Life v. Casteel – 98-0218 -Supreme Court of Texas – 18p
    • 1998 – LC – Amicus Brief – TALU (Texas Association of Life Underwriters) – Crown Life v Casteel – 98-0218 – Supreme Court of Texas – 21p

2000s

  • 2xxx – LC – Fairbanks v. Farmers New World Life  —  [BonkNote]
    • 2008 0703 – ACLI – Amicus Brief – Fairbanks v. Farmers New World Life – American Council of Life Insurers – 26p 

2010s

  • 2013 – LC – Amicus Brief – ACLI – Johnston and Johnston v Conseco Life Insurance – 13-30010 – Doc 51-1 – 48p
    • Document: 00512218127 – 
    • 03/12/2013 Open Document
      54 pg, 1.9 MB OPPOSED MOTION by American Council of Life Insurers to file amicus brief [7313906-2] Date of service: 03/12/2013 via email – Attorney for Appellants: Hensgens, Walters; Attorney for Appellees: Cossey, Herold [13-30010] REVIEWED AND/OR EDITED. (Dana Livingston ) [Entered: 03/12/2013 12:03 AM]
    • 03/12/2013 Open Document
      5 pg, 60.56 KB OPPOSED MOTION by American Council of Life Insurers to file amicus brief out of time [7313908-2] Date of service: 03/12/2013 via email – Attorney for Appellants: Hensgens, Walters; Attorney for Appellees: Cossey, Herold [13-30010] (Dana Livingston ) [Entered: 03/12/2013 12:40 AM]
    • 03/26/2013 Open Document
      2 pg, 78.49 KB LETTER OF ADVISEMENT. Reason: advising parties that the amicus brief filed on behalf of the American Council of Life Insurers has been removed from the docket as it was filed prematurely. The motion for leave to file an amicus brief is still pending with the court. [13-30010] (MLL) [Entered: 03/26/2013 02:51 PM]
    • 03/26/2013 APPEARANCE FORM FILED by Attorney Dana Livingston for Not Party American Council of Life Insurers in 13-30010 [13-30010] (SBS) [Entered: 03/26/2013 03:50 PM]
    • 03/27/2013 Open Document 11 pg, 115.97 KB OPPOSED MOTION filed by Not Party American Council of Life Insurers for leave to file a response [7326294-2] to the motion for reconsideration filed by Appellee Johnston & Johnston in 13-30010 [7324858-2]. Date of service: 03/26/2013 [13-30010] (CMB) [Entered: 03/27/2013 11:36 AM]
      • 04/23/2013
      		    48 pg, 1.91 MB    AMICUS CURIAE BRIEF FILED by American Council of Life Insurers.
      Consent is Not Necessary as a Motion has been Granted.
      # of Copies Provided: 0
      Paper Copies of Brief due on 04/29/2013 for Amicus Curiae American Council of Life Insurers. [13-30010] (SBS) [Entered: 04/23/2013 03:17 PM]
      • 04/23/2013
      		    6 pg, 79.11 KB RESPONSE/OPPOSITION filed by American Council of Life Insurers [7347490-1] to the motion for reconsideration filed by Appellee Johnston & Johnston in 13-30010 [7324858-2] [13-30010] (SBS) [Entered: 04/23/2013 03:22 PM]
  • 2015 0626 – ACLI – Amici Curiae brief in support of MetLife – METLIFE, INC. v. Financial Stability Oversight Council (FSOC), 15-cv-45 – D44-1 – 40p
  • 2016 – LC – ACLI vs. Perez (DOL – Department of Labor) – Fiduciary Rule – Document 1 – Complaint – 16-cv-01530 – 108p

2020s

  • 2020 – ACLI – Amici Curiae Brief – State Farm v. Michael Vogt – Supreme Court of the United States – No. 20-1008 – 24p
  • 2021 0621 – ACLI – Amici Curiae Brief – United Insurance Company of America vs Jimmy Patronis, CFO, Florida Department of Financial Services – 38p
    • Case No. SC20-1306, DCA Case No. 1D18-2114
  • 2021 1008 – In Re: Penn Treaty Network America – No. 1 PEN 2009 – Insurance Company in Liquidation Liquidator’s Brief in Support of Exceptions – 456p
    •  ACLI – Amici Curiae Brief – Exhibit E – (p417-439)
      • The availability of estate assets to protect policyholders whose coverage exceeds guaranty association limits has long been a key component of state regulation of insurance and it should remain that way.
      • [link]  – See, e.g., Mary Williams Walsh,  Policyholders in Limbo After Rare Failure of Insurer, N. Y. Times, Apr. 1, 2017, at B5 (quoting one policyholder as having paid premiums for 18 years and expecting to suffer losses of up to 50% of the value of his policy).
      • That coverage gap, however, is both real and insurmountable for many policyholders of the insolvent insurers.
      • [link] – The average annual premium tables prepared by the National Association of Insurance Commissioners below provide data regarding the average increase in premiums based on policyholder age. Average Annual Premium for Basic Long-Term Insurance $200 Daily Benefit With Inflation Protection 5% Compounded Per Year] – <Table>  – Nat’l Ass’n of Ins. Commissioners, A Shopper’s Guide To Long-Term Care Insurance, at 30 (2013)

NAIC – Amicus Briefs

2000s

  • 2001– LC – Berry v. Federal Kemper Life Assur. Co.
    • 1st Judicial Dist of Santa Fe NM
    • Amicus brief filed in opposition to motion for class certification. Issue briefed is the nationwide class action certification would be inappropriate because state laws governing disclosure of model premium rates as well as policyholder right to remedies differ from state to state; certification would defeat regulators’ ability to regulate according to respective state laws. Motion for leave to file brief denied.
  • 2008 – LC – Dixie National Life v. Martha Ward – NAIC – Amicus Brief – 23p
    • 5. The proper interpretation of the term “actual charges” stated in an insurance policy is within the area of expertise of the South Carolina Department of Insurance, which is Congressionally delegated broad authority to regulate the business of insurance and statutorily mandated to review and approve insurance policies, identify and resolve any ambiguity, respond to consumer inquiries and investigate disputes between insurers and insureds.

2010s

  • 2015-2016 – bonknote.com/metlife-v-fsoc-amici-curiae-briefs/
    • 2015 0626 – 15-cv-45 – NAIC – D43 – Consent Motion of the National Association of Insurance Commissioners for Leave to File Brief as Amicus Curiae in Support of Plaintiff Metlife – 32p
    • 2016 0822 – 16-5086 – NAIC – D1631439 – Brief of Amicus Curiae the National Association of Insurance Commissioners in Support of Plaintiff Appellee [MetLife] – MetLife v FSOC – 40p

2020s

  • 2023 – LC –  Delaware Department of Insurance v. United States  —  [BonkNote]
    • 2023 1018 – NAIC – Brief for the National Association of Insurance Commissioners as Amicus Curiae in Support of Petitioner – 21p

MetLife – 50/50 Plan

  • Mohney v. Metropolitan Life Insurance Company, Forney
    • 1996 – LC – Mohney v. Metropolitan Life Insurance Company, Forney
      • 96-186
      • United States District Court for the Western District of Pennsylvania (D.C. Civil No. 96-cv-00854), District Judge: Honorable Donetta W. Ambrose
    • 2003 – LC – Mohney v. Metropolitan Life Insurance Company, Forney
      • No. 03-1436 – UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
      • The Metropolitan Life Insurance Company (“MetLife”) through its sales agent, Paul Forney (collectively, “Defendants”) sold Plaintiff Timothy Mohney whole life insurance policies on the lives of his two children. The Defendants called these policies the “Metropolitan 50-50” plan (“50/50 Plan”), “a plan to provide for your personal savings.” Mohney sued, contending that the Defendants misrepresented the true nature of his purchase. In essence, Mohney alleged that what he was led to believe were savings plans were instead simply life insurance policies. The District Court granted the Defendants’ motion for summary judgment on all of Mohney’s claims. For the reasons set forth below, we will affirm in part and reverse in part.
      • 2004 – LC – Mohney v. Metropolitan Life Insurance Company, Forney – 03-1436 – Opinion – 13p

1994 0325 – Pittsburgh Post-Gazette – Third MetLife Lawsuit Filed –  Newspapers.com

Delaware Department of Insurance vs. United States

  • 2021 – LC – United States vs. Delaware Dep’t of Ins.
    • No. 1:20-cv-00829-MN-CJB, 2021 WL 4453606 (D. Del. Sept. 29, 2021).
    • Document 35 – MEMORANDUM OPINION – 18p
  • 2023 – LC – United States v. Delaware Dep’t of Ins,
    • 66 F.4th 114 (3d Cir. 2023)
  • 2023 – LC – Supreme Court – SCOTUS
    • scotusblog.com/case-files/cases/delaware-department-of-insurance-v-united-states/
      • Docket No. 23A60
      • Issue: Whether the Supreme Court should stay the order of the U.S. Court of Appeals for the 3rd Circuit enforcing an Internal Revenue Service summons on the Delaware Department of Insurance for information related to a tax shelter promoter examination.
    • EMERGENCY APPLICATION TO STAY PROCEEDINGS AND RECALL THE THIRD CIRCUIT’S MANDATE PENDING THE FILING OF A PETITION FOR A WRIT OF CERTIORARI – 31p
    • 2023 1018 – NAIC – Brief for the National Association of Insurance Commissioners as Amicus Curiae in Support of Petitioner – 21p

Hubert Humphrey

  • Amway
  • A.L. Williams / Primerica
  • Alexander / WMA - World Market Alliance 
  • WFG - World Financial Group - TransAmerica - Aegon
  • HGI - Hegemon Group International 
  • IMG - Integrity Marketing Group
  • CONQUISTADOR TV - youtube.com/@conquistadortv1687
    • as of 2024 - 332 subscribers - 120 videos
    • Hubert Humphrey and Mauricio Garcia are using podcast to share with the world the principles and strategies that can help anyone conquer their future.
  • 2021 0802 - CONQUISTADOR TV - The System: How Hubert Humphrey built Two Multi-Billion Dollar Market Cap Companies
    • Bill Campbell - Amway
    • Brought System into Financial Services
    • after he sold WFG to Aegon, he had a non-compete, so he started a mortgage origination company and applied the same System.
      • [Bonk: 2002 - LC - GOLDEN WEST FINANCIAL v. WMA MORTGAGE SERVICES - Court: United States District Court, N.D. California, Date published: Mar 12, 2003, Citations No. C 02-05727 CRB (N.D. Cal. Mar. 12, 2003)
  • HGI - Hegemon Group International
  • lfs.hgicrusade.net/
    • Hubert Humphrey, HGI Founder, Chairman & CEO
      • Hubert began his journey during the early days of A.L. Williams, where he began to develop a systematic approach to building distribution through relationship marketing.
      • At A.L. Williams, Hubert's system played a major role in recruiting over 1.5 million associates and revolutionized the way insurance was sold.
      • A.L. Williams
      • World Marketing Alliance
    • Products - Insurance and Annuity Products with Living Benefits*
      • Indexed Universal Life
      • Term Life
      • Guaranteed Issue Life
      • Indexed Annuities
      • Guaranteed Universal Life
      • Final Expense Life
      • Fixed Annuities
      • Final Expense
  • hgicrusade.com/
  • Flyer - 8p
  • 1989 - Book - The Magic of Compound Recruiting: The Secrets of Building a Super Hierarchy, by Hubert H. Humphrey - 83p 
  • 2000 0501 - CNN - Hubert The Great Hubert Humphrey wants to sell Middle America loads of gimmicky, high-cost investments through an army of part-time brokers. The scary part: It's working.  (MONEY Magazine), By Amy Feldman and Pat Regnier - [link]
  • 2015 0728 - behindmlm.com - Hegemon Group International Review: Insurance and ??? - [Hubert Humphrey - HGI] - [link]

2021 0422 - Coffeezilla - Confronting Patrick Bet-David LIVE - PBD - (PHP - People Helping People)

  • 44 - Coffeezilla - most people won't make any money
    • PBD - I would agree with you.
  • 48 - Amway
  • 49 - Predatory Marketing - re: People joining MLMs
    • 50 - [Bonk: Not talking about the same thing]
      • PBD - re: Agents Selling Life Insurance
      • Coffeezilla - re: PHP Selling the Dream of Selling Life Insurance
      • 53 - PBD - I'm a sales guy, not a CEO. Midland.
      • 54 - PBD - You are right, we recruited desperate agents, Advance Premiums, LOA, Chargebacks, Rogue Agents, PWC - Accounting Firm, Audit, Quality of earnings, What kind of person do you think I am? Valuetainment, 
      • Coffeezilla / Amish - We love Valuetainment
      • Amish - That makes it worse.
      • Coffeezilla - I think you don't know or you have so much cognitive dissonance about it.
  • 56 - Amway - Rich Devos -
    • Coffeezilla - I believe that Rich Devos was probably a beautiful man - Cognitive Dissonance - 
    • Amish - I think the moral corruption was done by Rich Devos and now you guys can just .....
      • PBD - That's an unfair statement.
    • Coffeezilla - at some point he had to look past the loser rate of his company and he had every incentive to do so.
    • Coffeezilla - The game with MLM has been played out. PHP Compensation plan, I want to warn the people in my audience, MLM is a bad business model to get involved with, I think it should be shut down, its based on false advertising,  if people were told the truth upfront the ability to recruit - You wouldn't have any recruits.
    • 59 - PBD - Free speech,
      • You are Mixing Insurance vs MLM. Insurance is highly regulated. New York Life - Lawsuit - Does a fantastic job, 
      • All Insurance paying companies paying in levels.
    •  01:01:00 - PBD - I think you have selective hearing
      • When you let anybody and everybody in ...
      • Regulated industry, Rogue agents
      • New York Life - recent lawsuit
    • 01:04:00 - Coffeezilla - It's not roque agents that make it look bad, it's
      • Numbers - cut through 
      • Life Insurance Industry MLM vs other MLMs
      • I'm not looking at rogue agents, I'm looking at agents expectations of success.
    • 01:05:00 - PBD -
      • Licensed agents - active vs  
      • 1:07:00 - This industry is not for you.
    • 01:08:00 - Amish
      • MLM is paying the government to keep this legal
    • 01:09:00 - PBD - If you are trying to get under my skin
    • 01:10:00 -
      • Amish - Insurance is shady for other reasons
      • PBD - Bring on the Devos family, judge individual companies, some people in Amway do the right thing. People who don't do it right don't make it long term.
      • Amish - Amway paid the Government to make it legal, Recruiting, what is the value to society.  
    • 01:12:00 -
      • PBD - Interview with Concrete
        • My request of you is don't generalize too much.
        • I don't talk about PHP on Valuetainment
    • 01:16:00 -
      • Amish - we didn't talk about Amway paying off the government.
        • My real question is if it's such a great business, then why do they have to pay off the government.
      • Coffeezilla -  he's a good storyteller, numbers, smooth talker, he's overlooking the data, cherry picking info to support his world view.
    • 01:19:00
      • Amish - re 50 - [Bonk: Not talking about the same thing]
    • 01:20: -
      • Amish - MLM vs FMO
    • 01:21:00 -
      • Amish -
    • 01:24:00
      • Amish - Devos - had to pay off the government
      • Amish - Do you think PBD doesn't know?
    • 01:26:00 - were we trolls, 
    • 01:27:00 - Amish - WFG Video-? - Sales Guy - paying off government, potions and lotions
    • 01:28:00 - Coffeezilla - PBD is a legendary storyteller, best debate by far, Data is on my side, I'm not a great debater,
      • Amish - Real Estate Brokers - He's got a point
      • Coffeezilla - it's the same numbers - across mlms, 
    • 01:31:00 -
      • Amish - evil... PBD is like the Joker... PHP is like a thinly veiled pyramid scheme
      • Coffeezilla - PHP as a MLM is probably doing more harm than good. 
    • 01:31:00 -
      • Coffeezilla - You were getting under her skin
      • Amish - I don't know if PBD can have a philosophical conversation. 
      • Coffeezilla - I know that deep down PBD is a numbers guy.
    • 01:34:00 -
      • Coffeezilla - Do you think lobbying to Congress is always a scam?
      • Amish - Yes. 
      • Coffeezilla - Types of Lobbying - Walmart, Louis Rossman (Right to Repair)
        • What are MLM's Lobbying for? The Distinction between MLM's vs Pyramid Schemes.
      • Amish - Lobbying has become pretty corrupt.
      • ⇒  Coffeezilla - Big bone with MLM - Recruiting - Easy business
      • Amish - PBD - Joker - Likeable Villain - Amway - 1979 Court Case
        • Coffeezilla - Contributions - Politicians - Presidents - Amway - Rich Devos Funeral (George Bush), 
        • 01:39:00 - Amish - Lobbying is very close to corruption... in my opinion.
    • 01:40:00 - re: John Stossel
    • 01:42:00 - Amish - Insurance Agents - They aren't breaking any laws.
    • 01:43:00 - John Stossel - Wrestler
    • 01:43:00 - Amish - If you are going to do a Scam, Do PBD
    • 01:46:00 - John Stossel - Wrestler - hit
  • 01:46:00-02:30:00 - Elaine - Invested Lifestyle 
  • Amish - Coffeezilla of the Phillipines
  • Elaine - re: PBD - Comparing with Real Estate Agent
    • Real Estate Agents get paid when you sell
    • PHP - You get promoted when you recruit
  • Coffeezilla - people have to lose for you to win
  • Elaine - Life Insurance products is a long term product. Primerica
  • Amish - PHP Sales guys Video - 
  • Elaine - I was recruited to WFG.
  • Amish and Elaine - Dads were in MLMs
  • Amish - half the time they say it's so easy, half the time they say it's a lot of work
  •  WFG
    • Elaine - WFG Presentation, being recruited by friends and family. it's like a Cult. told - Millionaire in six month. Selling me $300 insurance
    • PHP and WFG are the same.
    • Elaine - taxes - Senior Marketing Director - 2k, 22k, Food Stamps 
    • Coffeezilla -  Agent Churn / Turnover rate
  • Saphire MLM
    •  Elaine - teenagers, Pledge to Founder, fake scholarship etc. skincare, Low-income students, Made Video on Saphire, Kyani, Keith Ranieri (NXIVM), Hope and Inspire Movers, Lyoness, promising husbands and wives, Cookie-her-?, Billionaire is going to give kids scholarships
    • Elaine - Video came down, Copyright strike twice, I'm going to sue them, I have liability insurance, fake copyright claims, they pay you
      • Coffeezilla - Don't sue them, be careful, Liability Insurance
    • Elaine - Billionaire is a fake guru. Paul Hata.
      • SEC - NextGen Global Alliance
      • Copyright Strikes, filed Countersuit, Sue them for False Copyright Claims, 
    • 02:11:00 -
      • Elaine - This is not for me, I'm doing this for the anti-MLM community
      • Coffeezilla - They are doing this to many anti-MLM Community content creators - Example, Always Marco
      • Amish - Cruel World Happy Mind (Madison Cornish) . Article about her in The Atlantic. MLM people have a ton of money. Companies pay off the government
    • 02:11:00
      • Coffeezilla - lawsuits / copyright strikes - anti-mlm - Always Marco 
      • Elaine - PHP - It's not just the $199.  You have to buy Life Insurance in order to be part of PHP.  Products overpriced. WFG - They told my family told to put their 401k into Life Insurance. PHP same as WFG. 
      • Amish - PHP Agent - Video, 20 years.  Taken down, 
      • 02:14:00 - Elaine - They hate math. He says he likes number
      • Coffeezilla - Primerica. PHP. WFG - Family - 401k into Life insurance, Why?
        • LIRP, etc.
      •  Elaine - Their whole 401k. Told her it was going to be her retirement. No. - IUL, fees eat the policy.
      • Amish - Really?  I thought the Insurance was legit.  I thought they were selling you a real life insurance policy when I looked into it.
      • Elaine - Whole life is a already a bad investment to begin with. 
      • 02:15:00-02:16:30 - Coffeezilla - Overpriced.  The normal products are overpriced and then you throw in the MLM structure.
        • Not everybody needs Life Insurance. need to have dependents.  Kind of Like a Lottery Ticket.  If you saved the money you would be better off. 
      • Amish - PHP Agent - Video - Amway is Potions and Lotions, the real money is in Insurance. Amway - Low ticket items. Insurance - 
      • Coffeezilla - Base of people getting screwed grows.
      • Amish - You get rich, because other people get poor. Albania - Is there a real threat to America. 
      • Elaine - Living in a Dream
      • Amish - PBD - 
      • Coffeezilla - There are a lot of problems. MLMs threat to Democracy? 
      • Elaine - 20% of people have been in MLMs
    • 02:23:00 - Doc Adams
      • Elaine - Lawsuit - Texas Woman - Health - Ovarian Cancer - Vitamin C
    • 02:26:00 - Amish - story always starts with I was grew up poor
  • 02:30: 00 -
    • Comment: Buying Life Insurance when you are young
  • 02:31:00-02:44:00
    • Coffeezilla - Story - Doctor office - Physical
    • etc
  • 02:56:00 - Coffeezilla - London Election - Brian Rose, Rebel Wisdom, 

Joe Rogan

  • JRE Daily Clips
  • JRE In a Nutshell
  • JRE Shorts
  • PowerfulJRE
  • Eric Weinstein
  • Lex Fridman
  • Joe Rogan “the problem with big insurance” – #1873 – Brigham Buhler • The Joe Rogan Experience – [VIDEO-YouTube-00:48]
    • Comments
      • Organized Crime

IRP – Insured Retirement Plan

  • Canada
  • SOA – 1950s
  • 1950 – SOA – Discussion – Actuarial Note: The Valuation of Self-Insured Retirement Plans, tsa50v2n442 – Society of Actuaries – 7p
  • 1959 – SOA – Gain and Loss Analysis for Pension Fund Valuations, tsa59v11n3174 – Society of Actuaries – 61p

MGA – Managing General Agent

1990s

  • 1995 0905 – LC – Ferguson v. Crown Life and William Casteel – V14of23 – 244p  —  [BonkNote]
    • 2884 – Q Okay. And what is – a general agency briefly?
      A General agency, I guess, would be kind of considered a a wholesaler. We marketed other insurance agents primarily. We do very little selling ourselves but we work with other agents.
    • Q And how many independent brokers do you work with?
      A Oh, I’d say somewhere between a hundred to 150 typically. apprenticeship type of system in a lot of cases.

2000s

  • 2009 – LR – The “Other” Intermediaries: The Increasingly Anachronistic Immunity of Managing General Agents and Independent Claims Adjusters, by Jeffrey W. Stempel – 125p

2010s

  • 2011 02 – CCIR – Issues Paper Managing General Agencies – Life Insurance Distribution Model, Agencies Regulation Committee – 64p
    • This document reflects the work of regulators who are members of CCIR.

2020s

  • 2020 0821 – Letter – ACLI to NAIC (MCASWG – Market Conduct Annual Statement Blanks Working Group (D)) – re: RE: Accelerated Underwriting & TPAs/MGAs – 3p
    • TPAs and MGAs – We also question the usefulness of collecting information concerning MGAs and TPAs.
      •  Insurers are ultimately responsible for the actions of these entities, who can provide a wide variety of services.
        • Distilling this information into a usable form related to a risk-based exercise seems to us unachievable.
  • 2023 1121 – FSRA – Proposed guidance on Life Insurance Agent & MGA Licensing Suitability  —  [BonkNote]  —  [link]  —  34p
  • 2024 0209 – FSRA – [2023-015] – Comments – Consultation for Proposed Guidance on Life Insurance Agent & MGA Licensing Suitability  —  [BonkNote]
    • [BonkNote – Comment] – FSRA’s Life Agent and MGA Suitability Guidance – [2023-015] – 2024 0209 – 2p