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Departments - Financial Forum

Twisting the Truth
Don’t become a victim of “twisting”—and we’re not talking about the Chubby Checker variety. This is an insurance scam you should watch out for.

The insurance agent you have been dealing with for years has retired, and the replacement agent contacts you to discuss your life insurance coverage. He or she recommends you replace several older policies, which have accumulated significant cash value, with newer, improved policies. He or she shows you impressive charts and projections about how much better the new policies are than the old ones—including lower premiums, a higher death benefit, and faster cash-value accumulation. It sounds advantageous, and the agent seems earnest, so you sign on the dotted line. But when your next annual statement arrives, you notice the cash value for the new policies is far less than the cash value on the old policies. You have just become a victim of “twisting,” a deceptive insurance sales practice.

By definition, twisting occurs when an agent, for the purposes of generating a commission, persuades a client to lapse, surrender, or otherwise terminate an insurance product and replace it with another product that provides little or no economic benefit to the client. Often, the accumulated cash value of an older policy is used to mask the true cost of the new policy, allowing the agent to provide a favorable (but misleading) comparison. In the insurance business, “churning” often is used interchangeably with twisting, though churning can refer more broadly to excessive trading or financial product replacement for the purpose of generating commissions.

“Vanishing premiums” refers to inflated claims about the length of time a policyholder will need to pay premiums, such as “you only have to pay premiums for seven years, and then the policy will pay for itself.” Unfortunately, many consumers who were sold vanishing premium policies in the 1980s and 1990s later found they needed to cough up more premium dollars to keep their policies from lapsing.

These practices not only are misleading and unethical, but also are becoming illegal. There are valid reasons for replacing a policy, such as changes in your financial situation or financial goals and objectives or a true, relevant benefit with the new policy. If an existing agent or one trying to win your business proposes a policy replacement, ask these four questions:

  • What happens to my existing cash value? You shouldn’t lose most or all of your cash value when transferring to the new policy.
  • What is the guaranteed interest rate on the new policy as opposed to the old one? You want a higher interest rate.
  • What economic benefit will this new policy provide that the existing one doesn’t?
  • Will you put everything in writing? You should have all this information in writing before signing an agreement with an insurance agent.

What to Do if It Happens to You

If you think you’ve been a victim of an insurance scam, locate your state insurance commission on the National Association of Insurance Commissioners Web site, www.naic.org. Click on one of the links in the U.S. map in the right corner.

— Former Army Capt. Phil Dyer, CFP, is deputy director, Benefits Information. For additional financial counseling, MOAA members can contact Garrett Planning Network (GPN) at (866) MOAA-GPN (662-2476) or online at www.garrettplanning.com.