IUL
Marie v. Pacific Life Insurance Company
Marie v. Pacific Life Insurance Company
- 2023 – LC – Marie v. Pacific Life Insurance Company — [BonkNote]
- 4:23-cv-05093, (E.D. Wash.)
- Date Filed: June 27, 2023
- Judge: Stanley Allen Bastian
- Simona Marie, Thomas Lewis and ALTCONT v. Pacific Life
- courtlistener.com/docket/67534170/marie-v-pacific-life-insurance-company/
- 2023 0815 – InsuranceNewsNet.com – Washington state couple sues Pacific Life over IUL illustration, by John Hilton – [link]
- 2024 0210 – LIFE180 / Chris Kirkpatrick – PacLife IUL Lawsuit Information – [VIDEO-YouTube-44:58]
- 2025 0918 – ThinkAdvisor – PacLife settles with Washington state plaintiffs in IUL illustration suit, by John Hilton – [link]
- Judge Pennell accepted Duvall as an expert witness on general IUL matters and even specifics on the PacLife product. But she drew the line at allowing actuarial opinions.
- “Duval is not an actuary, and appears to lack the necessary experience, education, or training to opine as to actuarial matters,” Pennell wrote in a Sept 9 decision. “Duval opines extensively on how realistic the PDX policy’s projected returns were, an opinion which requires actuarial analysis.”
- “When Marie grew unhappy with the consequences of her own financial decisions, Plaintiffs brought the present suit in an attempt to place blame on anyone else,” a PacLife response reads.
- Judge Pennell accepted Duvall as an expert witness on general IUL matters and even specifics on the PacLife product. But she drew the line at allowing actuarial opinions.
- Docket – Pacer – 7p
- 1 – Complaint – 46p
- 10 – Answer to Complaint – Pacific Life – 14p
- 15 – Sep 21, 2023 – ORDER DENYING 8 MOTION TO DISMISS. Signed by Chief Judge Stanley A Bastian. (WMK, Case Administrator) – Order on Motion to Dismiss for Failure to State a Claim – [link]
- 35 – Jan 24, 2024 – ORDER DENYING 18 MOTION TO DISMISS AMENDED COMPLAINT; DENYING AS MOOT 29 MOTION TO STRIKE BROWN RESPONSE. Signed by Chief Judge Stanley A Bastian. (REM, Case Administrator) – Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Strike – [link]
- 37 – Pacific Life Insurance – Affirmative Defenses and Cross-Claim against Agent – 15p
- 38 – Defendant Harding Financial Partners / Andrew J. Brown – Answer and Affirmative Defenses to First Amended Complaint – 15p
Kyle Busch vs. Pacific Life Insurance Company
Kyle Busch vs. Pacific Life Insurance Company
- 2025 - LC - Kyle Busch vs. Pacific Life Insurance Company - 5:25-cv-00195 --- [BonkNote]
- Plaintiffs - Kyle Busch, Individually and as Trustee for the Samantha Lynn Busch Irrevocable Life Insurance Trust; and Samantha Busch, Individually and as Trustee for the Kyle T. Busch Irrevocable Life Insurance Trust
- Counsel for Plaintiffs - RP LEGAL, LLC, Robert G. Rikard
- Defendants - Pacific Life Insurance Company, Rodney A. Smith, and Red River LLC
- 2025 - LC - 25CV002675-540 - North Carolina, Superior Court Division - County of Lincoln - [link]
- Plaintiffs - Kyle Busch, Individually and as Trustee for the Samantha Lynn Busch Irrevocable Life Insurance Trust; and Samantha Busch, Individually and as Trustee for the Kyle T. Busch Irrevocable Life Insurance Trust
- 2025 1110 - InsuranceNewsNet - Kyle Busch Case: A day of reckoning for indexed universal life?, by John Hilton --- [BonkNote] --- [link]
- Lawsuits by disgruntled customers unhappy with the performance of their indexed universal life policy are nothing new. Insurance company defendants often allege greedy attorneys and overreaching clients before settling, usually with terms under seal.
- But a new complaint from race car driver Kyle Busch and his wife, Samantha, is something else entirely.
Kyle and Samantha Busch
- 2025 1029 - X.com - Kyle and Samantha Busch re: Pacific Life IUL - Statement and VIDEO - [link]
Lawsuit Documents
- 2025 1120 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 1-1 - Complaint - 50p
- 2026 0113 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 28 - Amended Complaint - 69p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31 - Index of Memorandum of Law in Support of Defendant Pacific Life Insurance Company’s Motion To Dismiss Plaintiffs’ Amended Complaint - Pacer - 1p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31 - Memorandum of Law in Support of Defendant Pacific Life Insurance Company’s Motion To Dismiss Plaintiffs’ Amended Complaint - 31p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31-7 - Exh. F - Policy - VF53260490 - Illustration - Kyle - 2018 - 50p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31-8 - Exh. G - Policy - VF53289970 - Illustration - Samantha - 2018 - 54p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31-9 - Exh. H - Policy - VF53565800 - Illustration - Kyle - 2020 - 114p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31-10 - Exh. I - Policy - VF53532080 - Illustration - Kyle - 2020 - 110p
- 2026 0122 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 31-11 - Exh. J - Policy - VF53840260 - Illustration - Kyle - 2022 - 56p
- 2026 0127 - LC - Kyle Busch vs. Pacific Life - 5:25-cv-00195 - Document 35 - Answer to Amended Complaint - Rodney Smith and Red River - 35p
Media
- 2025 1028 - Press Release - NASCAR Legend Kyle Busch and wife, Samantha, represented by RP Legal, Lose $8.5 Million, Become Cautionary Tale in Indexed Universal Life Insurance "Retirement" Schemes - Robert Rikard - [link-PRNewswire]
- 2025 1029 - ESPN - Kyle and Samantha Busch Announce $8 Million Loss in Life Insurance Scandal, by Diana Beasley - [link]
- 2025 1029 - Newsweek - Kyle Busch Says Family Lost Over $8 Million in Life Insurance Scheme, by Alex Harrington - [link]
- 2025 1031 - WSOCTV9 - Charlotte, North Carolina - NASCAR's Kyle Busch, wife say they lost more than $8M in alleged life insurance scheme - [VIDEO-YouTube-03:23]
- 2025 1126 - Inside Edition - Legendary NASCAR Champion Says He Was Scammed Out Of Millions - [VIDEO-YouTube-04:36]
- Robert Rikard, Chris Kirkpatrick (LIFE180)
Social Media
- 2025 1101 - The Power of Zero - David McKnight - What REALLY Happened with the $8 Million Kyle Busch Lawsuit Against Pacific Life - [VIDEO-YouTube-09:42]
- 2025 1103 - The Life Product Review - #443 - Busch v. Pacific Life - Bobby Samuelson - [link]
- 2025 1105 - Doug Andrew - 3 Dimensional Wealth - What Do We Know About Kyle Busch's $8.5 Million Indexed Universal Life Lawsuit? (Episode 38) - [VIDEO-YouTube-36:49]
- 2025 1106 - BetterWealth - Kyle Busch's $8.5 Million IUL Lawsuit Against Pacific Life (LATEST UPDATES) - [VIDEO-YouTube-20:09]
Trade Media
- 2025 1110 - InsuranceNewsNet - Kyle Busch Case: A day of reckoning for indexed universal life?, by John Hilton --- [BonkNote] --- [link]
- Lawsuits by disgruntled customers unhappy with the performance of their indexed universal life policy are nothing new. Insurance company defendants often allege greedy attorneys and overreaching clients before settling, usually with terms under seal.
- But a new complaint from race car driver Kyle Busch and his wife, Samantha, is something else entirely.
- 2025 1120 - InsuranceNewsNet - Why the Kyle Busch IUL lawsuit signals the industry's moment of reckoning, by David Macchia --- [link]
2011-2014 – LC – Cressy v. Doug Andrew – OM Financial Life Insurance Company – Fidelity & Guaranty Life
2011-2014 - LC - Eddie Cressy v. Doug Andrew - OM Financial Life Insurance Company - Fidelity & Guaranty Life
- 2011-2014 - LC - Eddie Cressy v. Doug Andrew - OM Financial Life Insurance Company - Fidelity & Guaranty Life --- [BonkNote]
- 2011 - LC - Eddie L. Cressy v. OM Financial Life Insurance Company - Doug Andrew - 2:11-cv-05871 - California, District Court --- [BonkNote]
- 2012 - LC - Eddie Cressy v. Paramount Financial Services - Doug Andrew - 12-56032
- Opening Date - 06/05/2012, Last Docket Entry - 10/14/2015
- Originating Case - 0973-2 : 2:11-cv-05871-JAK-JC -
- 2013 0704 - LC - Eddie Cressy v. FG Life, OM Financial, Doug Andrew, Paramount - Complaint for Damages and Equitable Relief - 11-cv-05871 - 39p --- [BonkNote]
- 2014 0605 - LC - Eddie L. Cressy vs. Fidelity & Guaranty Life Insurance Company, Paramount Financial Services and Douglas Andrew - Case No.: BC514340 - Superior Court of California - Los Angeles
- Order Granting Motion for Preliminary Approval of Class Action Settlement - 17p
- lacourt.org/casesummary/ui/casesummary.aspx?casetype=civil
- Amended Settlement Agreement - [Bonk: Binder16 - 270p]
- p99 - [Bonk: Binder16 - 270p] - re : 2012 - LC - 12-56032 - Andrew and Paramount's Ninth Circuit Appeal - Until the proposed settlement is consummated by the parties and final approval is entered by the Court, Andrew and Paramount's Counsel will work with Plaintiffs Counsel, in good faith, to postpone the Ninth Circuit proceedings on, and ultimate judicial resolution of, Andrew and Paramount's pending appeal, Ninth Circuit Case No.
- p99 - [Bonk: Binder16 - 270p] - Q. Disclosure by Andrew and Paramount Regarding Amount of Settlement Andrew and Paramount represent and warrant that the amount of consideration they are providing as part of the Settlement is the most they can afford to contribute.
- LC - Eddie L. Cressy vs. Fidelity & Guaranty Life Insurance Company, Paramount Financial Services, Inc. and Douglas Andrew - BC514340 - Docket
- 1- NOTICE OF ENTRY OF ORDER GRANTNG MOTION TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION - 7p
- 2 - ORDER GRANTING MOTION TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION - 7p
- 3 - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE - 1p
- 4 - 2p
- 5- SUPPLEMENTAL DECLARATION OF JOSEPH RICHARDSON - 10p
- Fidelity and Guaranty from its files as discovery in Civil Action 5:17-CV-01081, Joseph Richardson, Plaintiff v Fidelity and Guaranty Life Insurance Company, Defendant, United States District Court for the Western District of Texas.
- 6 - CLASS COUNSEL'S RESPONSE TO ORDER TO SHOW CAUSE DATED APRIL 10, 2018 - 5p
- 7 - PROOF OF SERVICE - 3p
- 8 - 6p
- 9 - DECLARATION OF CINDY MCGARITY - 12p
- 10 - REPLY IN SUPPORT OF MOTION TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION; OR, IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE WHY MR. RICHARDSON SHOULD NOT BE SO ENJOINED - 6p
- 11 - - 3p
- 12 -
- 13 - RESPONSE OF JOSEPH RICHARDSON TO MOTION TO ENJOIN CLASS MEMBER - 27p
- 14 - NOTICE OF ERRATA RE MOTION TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION; OR, IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE WHY MR. RICHARDSON SHOULD NOT BE SO ENJOINED- 3p
- 15 - PROOF OF SERVICE ON CLASS COUNSEL OF: FIDELITY AND GUARANTY LIFE INSURANCE COMPANY'S NOTICE OF MOTION AND MOTION FOR AN ORDER ENJOINING CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION; OR, IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE WHY MR. RICHARDSON SHOULD NOT BE SO ENJOINED; AND SUPPORTING DOCUMENTS - 3p
- x - 16 - DECLARATION OF KATHY J. HUANG IN SUPPORT OF MOTION TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION; 011, IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE WHY MR. RICHARDSON SHOULD NOT BE SO ENJOINED - 270p - [$40 - 2023 0114]
- 17 - DECLARATION OF KELLY KRATZ IN SUPPORT OF MOTION TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION; OR, IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE WHY MR. RICHARDSON SHOULD NOT BE SO ENJOINED - 6p
- 18 - NOTICE OF MOTION AND MOTION FOR AN ORDER TO ENJOIN CLASS MEMBER JOSEPH RICHARDSON FROM PURSUING LITIGATION; OR, IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE WHY MR. M RICHARDSON SHOULD NOT BE ENJOINED - 3p
- 19 - 284
- 20 -
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- 27 - Vol 4 - 305p
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- x - 32 - Vol 3 - 416p - [$40 - 2023 0114]
- 33 - DECLARATION OF JEFFREY D. DAHL REGARDING NOTICE AND SETTLEMENT ADMINISTRATION ACTIVITIES COMPLETED AS OF SEPTEMBER 10, 2014 - 364p
- 34 - PLAINTIFF EDDIE L. CRESSY'S NOTICE OF UNOPPOSED MOTION AND MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND CONDITIONAL CLASS CERTIFICATION - 294p
- x - 35 - Vol 2 - 370p - [$40 - 2023 0114]
- x - 36 - 314p - [$40 - 2023 0114]
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- 41 - 46p
2025 0624 – LIFE180 – Interview With IUL Litigation Attorney LIVE – [Robert Rikard] – [VIDEO-YouTube-01:19:10]
2025 0624 – LIFE180 – Interview With IUL Litigation Attorney LIVE – [Robert Rikard] – [VIDEO-YouTube-01:19:10]
- 2025 0624 – LIFE180 / Chris Kirkpatrick – Interview With IUL Litigation Attorney LIVE – [Robert Rikard] — [BonkNote] — [VIDEO-YouTube-01:19:10]
- Chris: Robert is one of the top IUL Litigation Attorneys in the Country.
- So much bad information on TikTok.
- I built an education platform on YouTube, TikTok is not my platform.
- Robert new to TikTok
- Robert: I was horrified.
- Robert: My Story – started as a lawyer in 1997
- started as criminal defense lawyer
- – worked for lawyer who defended Alec Murdock,
- led that into civil trials – wrongful death case, video poker operators
- always understood the wild, wild west of whatever an industry is.
- Went to bigger firm, national platform, class actions – Ford motor company – radiators, multi-district litigation – Ephedra, mass torts, class actions.
- Collaboration – Somebody said do securities litigation – 2013, bad broker cases, lots of bond work, Option Rate Security Bonds = Fake Bidding, also Ponzi Schemes.
- started as criminal defense lawyer
- Robert: Ponzi Schemes
- 2018 – call from little lady from Seneca, South Carolina re: FIP – Future Income Payments
- Group around the country used FIP as Parking lot to fund Indexed Universal Life Policy
- Call to 4 peers – Securities Lawyers – Have you heard of IUL. yeah, VUL. No, IUL. Nobody ever heard of it.
- 2010, 2011, 2012 – IUL’s started to be sold as Retirement Plans.
- Robert: 1 year of study – Learning IUL’s. Cultivate Experts around the country.
- 6 – Robert: “I think it’s the Biggest Financial Ticking Time Bomb in America,quite frankly.” I’m that guy in the Big Short warning about the Mortage Back Securities industry.
- Chris: Maybe not that big, but… big because of who is being targeted.
- 7 – Robert: Lifecycle of it
- 2010, 2012, 2013 – High-Networth Individuals – policies are expensive.
- high the Target Premium, the higher the commission
- represented 400 families, 100 Million Collected
- 2013-2014 – 401k Reboot, IRA Reboot, Roth Conversion
- repositioning retirement money into IUL’s, They have made Billions of Dollars
- I got into IUL by accident
- FIP –
- “Wealth Architects” – Made up words, don’t want to
- Self-Directed IRA’s – Qualified Custodian
- FIP = Parking Lot – MEC – IUL – Taxable event – 8.5% –
- FIP Collapsed – 300 Million – gone
- Life Insurance Agents – IMO’s
- One IMO into Bankruptcy – I’m not going to say who it is.
- Depositions:
- All of these situations were the same.
- to Agent: How did you sell this?
- 3-5-7 years of premiums – Fully Funded – Never pay premiums again – Then Loans – Example: 400k premiums over 5 years, 1.6 Million Loans Tax-free. Wow can you sell me one.
- Just selling illustration
- Epiphany: These IUL’s were going to blow up without the the Ponzi Scheme
- Most complicated insurance product in the marketplace.
- Agents didn’t know how they worked. No idea.
- S&P Index – Half of them thought the money was in the actual index.
- One agent started crying. – He said I can’t believe I sold this. What can I do?
- 12 – Chris: Highlights reel of depositions – make it public. Who was the most entertaining agent to depose?
- Robert: Doug Andrew, Smooth Operator, Best Salesman, Take out what they actually do to customers.
- Chris: Which is horrible.
- Robert: I don’t know how much product they sell now, but…. They had a sales force of 16 people. and I sued all 16 of them. Trasformative Wealth Strategy. Education, then they were allowed to buy.
- I have about 80 clients currently in Utah with pending litigation. Live Abundant.
- Florida guy – Hidden Wealth
- Doug – Missed Fortune
- Get carriers to run in-force Illustrations: Examples – Blowing up policies
- Affinity Fraud – Predatory way to sell this
- My mission – shut as much as this down as I can.
- Chris: We are completely aligned.
- Questions and Comments from TikTok
- Chris: Get Curtis Ray – Take down Curtis Ray – He has 1.4 Million Followers on TikTok
- Robert: Our firm has 30-60 cases at any time
- – LC – Pacific Life – First trial that I know of regarding Tax-Free
- Agency Theory – PacLife’s Problem – Sales Force = Independent Producers – Everything that they do is bound by the Company. Documentation from Company. Getting up the chain through the agents.
- Agents – IMO’s – Carriers –
- Curtis Ray – WFG – Curtis Ray – Mutual of Omaha
- Robert: Our firm has 30-60 cases at any time
- 18 – Robert: Not a pro-bono law firm
- Damages 500k and above, people have lost millions of dollars, mostly premium finance cases – complicated
- a lot of calls – some version I’ve lost my life savings of 14k, 22k
- big firm
- 18 – Robert: MLM World – makes me sick to my stomach – these people are preying on people like my parents.
- Getting ready to launch a new firm – Only doing these types of cases
- We are going to put a dent – people Selling IUL as an investment, Stealing money from lower class and lower middle class peple – We are going to put a stop to it, because regulators are not. We can bring pain and we do.
- Chris: I equate IUL Agents / Companies navigating AG-49 iterations. The federal regulators move slowly. Chasing Al Capone back in the day – very nimble. AG49 –
- 20 – Robert: Airplane Carrier vs Swiftboat (Law Firm) – Whack-a-mole – AG-49 iterations, company changing contract elements.
- I’ve told the press this: this would all end if they changed commissions / compensation structure.
- Chris: or the way they were allowed to illlustrations.
- Robert: or a real stress test – illustration to 120 yo. Statistical ProbabilityEx. build guaranteed rate and them some 0% years, but then you don’t sell it for Tax-Free Retirement Income.
- 22 – Chris: Share this Video with someone.
- 22 – Chris: My mission: LIFE180, wrote book “IUL Exposed”, built LIFE180 — to save IUL Agents. I was an IUL Agent and the Director of Business Development for one of the top IUL Companies in the Country
- People get in the business for the right reasons.
- It took me a long time to figure this stuff out. 4.5 years in the business. Why the hell has it taken me this long to figure this out.
- 23 – We are going to be doing a Video Series. Robert’s YouTube Channel
- Illustration Rate – IMO Training
- Doug Andrew – Bryan Jarrell – “Properly Designed” –
- ala carted menu – different choices in designing
- Maximum Target Premium = Maximum Commisson
- First Deposition
- [Cash Flow – P1/P2]
- That’s above my paygrade
- 28 – Agent Depositions –
- Never read the policy
- TikTok Comment: But we don’t do Target Premium, we Max Fund
- Robert: Policy will lapse – Selling Fixed Pay – 3-4-5 years of premiums, then taking loans out and no more premiums going in, Monte Carlo Scenarios
- Chris: But it doesn’t lapse on the Illustration.
- Robert: The Illustrations are Fake.
- Did you build in some 0%, if you didn’t, you have created a mathematically impossible scenario.
- Chris: Doug Andrew – Target Premium vs. 5-pay vanishing premium – Tax-Free Income – LASER Fund – rebranding – keep getting in trouble. You have successfully sued them, deposed them. Can you tell specfics?
- 33 – Robert: Doug is not licensed in anything. He’s a YouTuber – Directs business that is staffed by his Family – Doug, show me an Illustration that shows …. Others – IRA Reboot (been selling it for 15 years) Where are the testimonials?
- Chris: IUL Challenge. Doug and Aaron didn’t respond to me, so Doug put a video up in response to one of my Videos. WFG Agents. But they don’t want to have a bigger discussion.
- Robert: They don’t exist.
- Robert: People have been doing this since 2010. That I know about, because I’ve sued them. What better marketing…show an in-force Illustration…..of loans etc. Ex.
- Chris: I’ve never seen one. WFG. Go to your upline.
- Robert: IMO guys shitting their pants. I just had an agent reach out to me last week. He said – I don’t know what to do. MLM – Training – Have you ever looked at their Sales Guidelines and Practices – Company has websire of how to sell. He was actually looking at Policyholders Annual Statements. Upline, Carrier – Stop bothering us. These are my questions…. He’s freaking out. Good dude. Trying to help the customers. TikTok – Things are going to get them in trouble, meet me in a very bad way.
- 39 – Chris: What would you say to the person who is looking to purchase an IUL. Doug Andrew – Biggest Platform – Number One Influencer from an Educational perspective – (Curtis Ray has a bigger following on TikTok) – Doug Andrew – Greatest negative impact on the industry – Does training for WFG and GFI. Ripple effect – Catastrophic. Misrepresentation perpetuated by Doug put out stuff countering me from a marketing and sales perspective that looks like they can back their shit up.
- 106 people watching Live – People love this stuff
- Robert: Doug could sell Pepsi to a Coca-Cola Executives. He’s good.
- Doug – Smooth, interesting character, Super smart – He knows insurance world, mechanics of products, Tax Codes
- Doug also knows: how to say the right things to sell.
- Capitalists
- Doug gets in alot of trouble:
- FIP Ponzi Scheme
- Woodbridge Ponzi Scheme
- Most of them have been Securities Barred
- Live Abundant – Utah – Indicted
- Companies keep taking them because they sell alot of product.
- Robert: Another Agent Group
- 10 complaints against an agent. Internally debating whether to terminate them. they did. the agent went to another carrier.
- Doug – Smooth, interesting character, Super smart – He knows insurance world, mechanics of products, Tax Codes
- Robert: IUL Learning Curve. A year to learn the product itself. Only thing I could find at the time (2018) were telling.
- White Coat Investor
- Chris: They don’t understand it fully.
- Not alot in the press, not a lot of litigation
- TikTok, Social Media – hard to find
- Robert: Wonky Articles – LifeProductReview – Bobby Samuelson
- Other than you and Bobby Samuelson.
- Robert: Wonky Articles – LifeProductReview – Bobby Samuelson
- 42 – TikTok Comment – Robert should have a Security Team.
- Robert: Probably, It’s South Carolina – we all carry guns.
- White Coat Investor
- Robert: IUL Agents are going to have a hard time educating themselves.
- TikTok Comment – Are there any reputable IUL Agents?
- Chris: You can call me anytime. I’m a licensed agent. No, what’s been your experience.
- Robert: I always see the bad guys.
- Chris: You know me.
- Robert: Yeah, but you are not selling IUL’s.
- Chris: I’m not selling IUL’s. There aren’t reputable IUL Agents.
- Robert: If they are selling it / saying: Tax-free Retirement Solution, Selling it as better than a 401k, Roth IRA – Run. True Secret to unlocking wealth
- Robert: 9 times out of 10 – Insurance Agent vs. Securities Licensed
- If you are an Agent who told someone to take money out of a Qualified Retirement Account (Roth IRA or 401k) to put it in an IUL, then you have just given Securities Advice. Every State you have just committed a Securities Violation. Double and Treble damages. Fines. Barred from ever be Securities Licensed professional.
- Chris: Kind of like what Doug Andrew and his team are doing.
- Robert: 9 times out of 10 – Insurance Agent vs. Securities Licensed
- 45 – Robert: It’s just wrong: Last Night on TikTok – First 50 videos – How the IUL is better than a 401k. That’s just wrong.
- I can explain why. third party adminstrator. costs – .25-1%. IUL – could be 90% commission. How do you ever catch up?
- Chris: Because you can’t lose any money. Sarcasm
- 46 – Chris: Dustin Wiley – Financial Viking – Viking Financial – TikTok – Instagram
- Battling on TikTok – Used to respect me, Whole Life,
- IUL is the saving grace of everybody’s financial future. Ton of Influence. 250,000 Followers
- Robert: Not Securities Licensed, the only thing that they can sell is insurance, highest commission paying product – IUL.
- No-Load Life Insurance – Securities Licensed only people to sell it.
- 48 – Carriers say don’t do it.
- TikTok Comment – Just structure the commission to be the lowest.
-
- 49 – Robert: Chart from Lawsuit – Diversified Portfolio
- Carrier Slide: For Life Insurance Producer Use Only. Not to be used with public.
- Policy Loan in Year 2.
- This is one of the biggest companies in the country.
- Sales and Marketing Guide – Producer use only.
- IUL is for: a need for Life Insurance. If you are 65 years old, you don’t need life insurance.
- Chris: Well, maybe. More a Legacy Planning.
- Robert: These are not investments, these are life insurance products. 25-60 in good health, High Income – $200,000 a year in income, no occupational risk – not super dangerous or in industry with big turnover
- Most are sold to people with 50k per year, with a 300 per month premium
- Where is the money coming from? Roth IRA, 401k? Is that how your IMO taught you to sell it? What does the Carrier say?
- IMO vs. Carrier
- Carrier – Agent Guide
- Max Contribution to Qualified retirement plans and a desire to contribute more. Not redeploy.
- Max 401k, Max Roth IRA,
- Supplemental Retirement Income
- 15 years – Robert: 2 year – Chris: Doug Andrew
- Chris: Liability – Deflect problems onto Agents
- Robert: Deposition – Agent didn’t read Guides – Just did what IMO said to do.
- Carrier – Agent Guide
- TikTok Comment – Life Insurance is not a need based product.
- Chris: I gave up my Securities License. You have to understand your client. Life Insurance should never be seen as an investment.
- Robert: IUL’s are sold as an investment and Retirement Income. People are duped into buying it and agents are duped into selling. Shady sales tactics. Agents don’t know what they are doing. Agents who do know what they are doing and…
- Chris: Are there problems with Whole Life Insurance.
- Robert: I’ve only had one call on a whole life insurance policy. the guy lived to be 105 yo, Agent told him to take out loans, premium financing.
- Chris: Any problems with Annuities?
- Robert: Yes… Example –
- Chris: Life Insurance and Annuities – Same company – more income coming out of Life Insurance than Annuities. Proves it’s a bunch of bullshit.
- Robert: 140 pages
- Chris: Dave Ramsey – BTID – Buy Term, Invest the Difference – I don’t agree.
- Robert: my financial picture – Pie Chart
- Chris: my financial picture – I can’t do a 401k, I’m my own person. I don’t believe in solo 401k. I would do the company free match.
- Chris: CVLI – Whole Life Insurance – CVLI and Cash (I lump them together). Real Estate (bigger piece of the pie for me), money not in alignment with values, CVLI = Bond Alternative, Educate yourself about all of this stuff. Whole Life Insurance = Foundational – , buying property in Missouri with CVLI, how to leverage it.
- Chris: Would Robert take on Whole Life Infinity Banking cases.
- Robert: Yes, but we are focused on IUL cases. Most carriers forbid the words Private Pension fund, Be Your Own Banker – IUL guys say that too. Carriers will tell you that that violates their guidelines.
- Chris: You have had a change of heart lately. Massive cases.
- Robert: Lifecycle of sales / lawsuits. IRA Reboots – Middle America. Now third tower – Genesis is sadly TikTok – MLM Groups – Saying it is an investment – $400-$500 / month. In the next couple of months – if companies aren’t going to police them, our law firm is going to police them, they are ruining people’s lives.
- Chris: These are your relationships. Robert is going to take on groups of cases. How do companies get away with it. Many cases are not litigation worthy.
- Robert: Pinto Cases – internal memo – Risk analysis that big companies do.
- Epiphany: Forget the Ponzi Schemes, these things (IULs) will never work.
- Epiphany: Americans being preyed upon ….
- Agents don’t know what they are doing. Agents don’t get a pass, but they should know how these things work. The mechanics
- Chris: Now it’s on you – the agents.
- Robert: You have to have space to think. Took a Vacation, I was overwhelmed.
- Robert: Big Cases – Millions of dollars in losses, we would turn down smaller cases. There are hundreds of thousands of people each year who are being sold IULs.
- Last Year – 3.8 Billion of new IUL Premium
- Why do carriers / companies allow IMO’s / agents to do this? Big money for companies / carriers.
- I am a mosquito on the ass of an IUL company.
- Last Year – Average 1st year Target Premium – $14k
- Premium Financing cases – Millions – 30-40 million credit facilities
- People are being preyed upon to reposition Qualified Money to IUL. Unregulated. Feds. I’m the only regulator.
- Taking on MLM industry.
- We are going to sue their fucking faces off.
- Chris: TikTok Comment – Go Fund me for Security for Robert.
- Last Year – 3.8 Billion of new IUL Premium
- Chris: Agents – if you want to dive deeper – reach out to me. I can connect you with Robert. My mission is to educate people. Term insurance. Peruvian Jungle to do Ayawaska for 2 weeks. Agent – Upline – Policy. Trying to expose this, do it the right way, compliantly, things we don’t understand, right way and wrong way to do it.
- Robert: Educate yourself, sales, Security Licensed – Stock, ETF, you owe it to yourself to understand the products, you don’t want to be the guy or gal, 12 years down the road, to be the person who screwed up someone’s retirement because you didn’t know what you were doing. Buying, Selling. I have plenty of work-sueing people when they fall apart.
LIRP – Life Insurance Retirement Plan – Index
LIRP – Life Insurance Retirement Plan – Index
F
L
- Life Insurance as an Investment
- LIRP – Life Insurance as Retirement Plan / Savings / Investment – Walker vs. LSW
- LIRP – Life Insurance Retirement Plan
- LIRP – Life Insurance Retirement Plan – Company Documents
- LIRP – Life Insurance Retirement Plan – Index
- LIRP – Life Insurance Retirement Plan – Media
Q
#
- 1994 0313 – NP – The Washington Post – Do Life Insurers Foul the Sales Pitch?, By Albert B. Crenshaw
- 2009 0615 – CNN – Commentary: “Why Your Taxes Could Double,” by David M. Walker
- 2011 0301 – DOL – 1210-AB32 – ACLI – Testimony – Hearing on Definition of Fiduciary – Investment Advice – 9p
- 2012 1011 – ThinkAdvisor – What’s a L.I.R.P.?, By David C. McKnight
- 2018 07 – CCIR – Comments – Fair Treatment of Customers Working Group – Canada
- 2020 0818 – Garrett Gunderson – Universal Life Insurance Policy: Everything you need to know – [VIDEO-YouTube-18:52]
- 2022 – FSRA – [2022-006] – Comments – Principles-Based Regulation
- 2022 0908 – GOV (Senate) – Current Issues in Insurance – Sherrod Brown (D-OH)
- 2023 1129 – LIFE180 / Chris Kirkpatrick – Curtis Ray | MPI vs Whole Life| REACTION – [Garrett Gunderson]
- 2023 0828 – The Power of Zero – David McKnight – The Truth About Doug Andrew and His Retirement Philosophy – [VIDEO-YouTube-10:21]
- 2024 0209 – FSRA – [2023-015] – Comments – Consultation for Proposed Guidance on Life Insurance Agent & MGA Licensing Suitability
IUL – Indexed Universal Life – Lawsuits
IUL - Indexed Universal Life - Lawsuits
2010s
- 2010s - LC - Walker vs. LSW - Life Insurance Company of the Southwest --- [BonkNote]
- 2010s - LC - Walker vs. LSW - Life Insurance Company of the Southwest - Index --- [BonkNote]
- 2011-2014 - LC - Eddie Cressy v. Doug Andrew - OM Financial Life Insurance Company - Fidelity & Guaranty Life --- [BonkNote]
- FIP - Future Income Payments
2020s
- 2025 - LC - Kyle Busch vs. Pacific Life Insurance Company --- [BonkNote]
Equity Indexed Life Insurance
Equity Index Insurance Products
- 1981 – SOA – Indexed Coverages for Individual Contracts, Society of Actuaries – 26p
- 1997 – govinfo.gov/content/pkg/FR-1997-08-27/html/97-22597.htm
- SECURITIES AND EXCHANGE COMMISSION – 17 CFR Part 230 – [Release No. 33-7438; File No. S7-22-97] – RIN 3235-AH23 – Equity Index Insurance Products – ACTION: Concept release; request for comments.
- SUMMARY: The Securities and Exchange Commission is requesting comments on the structure of equity index insurance products, the manner in which they are marketed, and any other matters the Commission should consider in addressing federal securities law issues raised by equity index insurance products.
- SECURITIES AND EXCHANGE COMMISSION – 17 CFR Part 230 – [Release No. 33-7438; File No. S7-22-97] – RIN 3235-AH23 – Equity Index Insurance Products – ACTION: Concept release; request for comments.
- federalregister.gov/documents/1997/08/27/97-22597/equity-index-insurance-products
- sec.gov/rules/1997/11/equity-index-insurance-products
- 2004 – GAO – Better Information Sharing Among Financial Services Regulators Could Improve Protections for Consumers – gao.gov/assets/gao-04-882r.pdf
- Oversight of Hybrid Products and the Regulatory Systems Used to Track Complaints Vary
- 4 Figure 1 highlights differences in how these three types of hybrid products are generally regulated.
- Oversight of Hybrid Products and the Regulatory Systems Used to Track Complaints Vary
- 2008 – SEC – File Number S7-14-08-Comments on the SEC’s Proposed Rule That Would Subject Certain Equity-Indexed Annuities to Regulation Under the Federal Securities Laws
- 1999 – SOA – The Next Generation Universal Life, Society of Actuaries — [BonkNote] — 30p
- Deanne Osgood: I would be remiss if I didn’t mention equity-indexed universal life insurance (EIUL), because this is a fairly recent innovation that has focused on providing a more attractive accumulation vehicle.
- Whereas, the secondary guarantee period and the maturity age extension have really focused on the guarantees and some of the difficulties in providing an attractive accumulation vehicle in the fixed interest rate environment that we’re currently in.
- EIUL does somewhat attack the issue of how we can make this an attractive accumulation vehicle.
- EIUL products have been available for about two-and-a-half years and have been quite successful for a few companies.
- However, the volatility of the equity markets combined with the low-interest-rate environment that we’re in has made it difficult to price, market, and sell these products for most companies.
- There are about eight companies that have introduced 10 products into the marketplace and, typically, the base policy designed for EIUL tends to mirror their traditional fixed counterparts with the exception of the method used to determine the excess interest for the contract.
- Riders that exist on traditional UL typically are available on EIUL as well. The policy mechanics are virtually identical for a company that offers both types of products. It’s just in how that excess interest is determined that differs.
- (p77) – Ron Panneton (National Association of Insurance and Financial Advisors-NAIFA) said this discussion reminded him of a similar discussion the Life Disclosure Working Group had on equity indexed products.
- In response to that problem, a checklist was created to help regulators to become convinced that people are adequately prepared to describe the complexities of the product.
- <WishList – NAIC Checklist>
2000-1, NAIC Proceedings
DOL – Department of Labor – IUL – Indexed Universal Life Insurance
- 2024 0215 – PIABA – Testimony – Joseph C. Peiffer, President, Public Investors Advocate Bar Association — [BonkNote] — 30p
- 2017 0731 – Letter – CFA to NAIC (Annuity Suitability Working Group) – re: Regarding “Best Interest” Amendments to the NAIC Suitability in Annuity Transactions Model Regulation – 5p
- 1. The standard of care for consumers should be a fiduciary standard that obliges the insurer or producer to act in the best interest of the consumer.
- 2. The best interest standard provisions must be stronger than the current suitability standard. Relabeling “suitability” as “best interest” would be a sham.
- 5. The application of the enhanced model should be broadened to investment-type life insurance products. The same standard of care – best interest of the consumer – is clearly as appropriate for investment-type life insurance – for example, indexed universal life – as it is for annuity products. A uniform standard of care across all types of investment products means both consistent consumer protection and a level regulatory framework preventing one type of investment product from regulatory arbitrage.
- 2018 0122 – Letter – CFA to NAIC – re: “Suitability and Best Interest Standard of Conduct in Annuity Transactions Model Regulation.” – 11p
- The scope of the proposal is too narrow.
- Another flaw of the NAIC proposal is its too narrow scope. NAIC’s proposed “best interest”
standard applies only to annuities and applies only at the point of sale.
- Another flaw of the NAIC proposal is its too narrow scope. NAIC’s proposed “best interest”
- As you know, life insurance companies routinely sell certain types of insurance products, such as variable and indexed universal life insurance, based at least in part on their value as investment and savings vehicles. The following are just a few examples we found through a quick Google search:
- We are not suggesting that these descriptions are misleading or deceptive. On the contrary, our point here is that these life insurance policies are marketed based on features that are virtually indistinguishable from the features of annuities.
- Given these similarities, it makes no sense to adopt a best interest standard for one type of insurance investment, annuities, and exempt other types of insurance investments, variable and indexed universal life insurance, from that standard.
- That is why, when we and others wrote to the NAIC last July, we urged the NAIC to include all insurance products sold as investments in any standard it adopts. As we wrote at the time, “The same standard of care – best interest of the consumer – is clearly as appropriate for investment-type life insurance – for example, indexed universal life – as it is for annuity products.”
- 2017 0808 – ThinkAdvisor.com – Annuity Rules Should Apply to Investment-Type Life Products: Consumer Reps, By Allison Bell – [link]
- The scope of the proposal is too narrow.
IUL – Retirement Income – Loans
IUL – Retirement Income – Loans
- 2018 /2019 – SOA – Why Indexed Universal Life Income Streams Need to Be Managed
- 2018 10 – SOA – Why Indexed Universal Life Income Streams Need to Be Managed-Part 1, By Ben H Wolzenski and John S. McSwaney – p28-31 – soa.org/4934ca/globalassets/assets/library/newsletters/product-development-news/2018/october/pro-2018-iss111.pdf
- WHAT’S THIS ABOUT AND A QUICK BO TTOM LINE
- Wolzenski: John, over the past decade working with producers, you’ve observed that most Indexed Universal Life (IUL) new premium comes from sales that illustrate policy loans or withdrawals, either for retirement income or to repay premium financing.
- WHAT’S THIS ABOUT AND A QUICK BO TTOM LINE
- 2019 – SOA – Why Indexed Universal Life Income Streams Need to Be Managed-Part 2, By Ben H Wolzenski and John S. McSwaney – 4p
- 2018 10 – SOA – Why Indexed Universal Life Income Streams Need to Be Managed-Part 1, By Ben H Wolzenski and John S. McSwaney – p28-31 – soa.org/4934ca/globalassets/assets/library/newsletters/product-development-news/2018/october/pro-2018-iss111.pdf
2023 1124 – LIFE180 / Chris Kirkpatrick – Indexed Universal Life (IUL) 101 Reaction – [FFL] – [VIDEO-YouTube-44:41]
2023 1124 – LIFE180 / Chris Kirkpatrick – Indexed Universal Life (IUL) 101 Reaction – [FFL]
- 2023 1124 – LIFE180 / Chris Kirkpatrick – Indexed Universal Life (IUL) 101 Reaction – [FFL] — [BonkNote] — [VIDEO-YouTube-44:41]
- Original Video – 2023 0421 – Family First Life – IUL 101 – [Bridget Reimer – FFL – AMS – SRS – FFLAMS.com] — [BonkNote] — [VIDEO-YouTube-24:53]
- Ethos
- 4 – cash flow – coi – 1 premiums – 2 buckets
- Chris – art – term insurance – 50s-60s-70s- coi skyrockets
- 7 – As long as you pay you premium
- 8 – Whole vs IUL – IUL is not a Whole Life Product
- 8 – cash value bucket – 1)
- 9 – FFL – most iuls are being purchased as an investment
- 10 – Chris / FFL – Minimum Premium, Minimum Funding, Target, Guideline Level Premium, Expectations – Target = Agent Commissions, Overfunding the Target Premium, Annuities vs IUL, same / different, Policy Performance, Levers, company’s obligations to policyholders / shareholders [Bonk: Dinallo], Underperformance, Illustrations, You can’t lose money in the IUL. Yes, you can. not compliant, caps, uncapped,
- 11 – IUL vs Indexed Annuity
- 12 – Obligations of company – Mutual vs Stock
- [Bonk: Dinallo]
- 13 – You can’t Lose Money in an IUL
- 15 – Chris – [Bonk: P1P2] – How IUl’s Work –
- Caps, Options
- 19 – Chris – People aren’t going to know that they have a problem until it’s too late.
- 20 – Can’t lose money on down years – Ex.
- Loans –
- 21 – Chris – Need to add in all the fees, cois
- 15 – Chris – How IUL’s Work.
- 19 – Chris – the challenge for people / retirees will come in 20-25 years.
- 20 – can’t lose. no gain, no loss. just even.
- Chris – loans are the problem
- 23 – locking in gains
- 24 – Chris – Performance, Long-term, doesn’t know what she doesn’t know. I used think how she thinks, I used to believe what she believes. Representing a lie. representing big IUL company.
- 25 – Chris – These guys know nothing about Whole Life Insurance.
- 26 – Guy – Can’t lose money. Tax-free Retirement. Confuse clients. tax bill. taxes.
- 26 – FFL – most IUl’s are sold for retirement.
- 27 – Chris – Wheels fall of using for retirement.
- 28 – FFL – Loophole = Policy Loan
- 28 – Chris – it’s not a loophole, it’s the tax code, mislead people
- 30 – FFL – Policy loan arbitrage,
- 30 – Chris – Ethos – Express Issue Policy – Ameritas, car to win, higher coi,
- 32 – ffl – iuls built to self sustain
- 32 – Chris – ag49 – multipliers, PacLife, lawsuits, illustration warfare,FBI, Vapone, actuaries poke holes in regulation, realistic, unrealistic illustrations, history of iul, sad to see,
- fold like origami – [Bonk: walker vs lsw – defects], too simplistic, [Bonk: Tom Sutton, Pacific Life] – gov
- 35 – don’t pay back loans / death – arbitrage
- 36 – language – too simple –
- 37 – LIRP Example –
- 38 – Chris – age 75 – loans / taxes / “properly structured” – are they dumb, naive, intentionally selling it, borderline criminal,
- 40 – ffl – cash value pays for the death benefit – don’t get cash value – [Bonk: SIV / CIV]
- 41 – Simple – College Funding – screaming home run,
- 43 – Chris – sold as simplistic, marketing of IUL, replacing 401ks, the blind leading the blind,