Title: General Agent Orientation
1 Debt Protection Prepared for March 7,
2002 May, 2004
2Debt Protection Products (DPP)
- Also Known As
- Debt Cancellation Agreement (DCA)
- Debt Deferment Agreement (DDA)
- Debt Forgiveness Agreement (DFA)
- Debt Freeze Agreement (DFA)
- Payment Holiday Agreement (PHA)
3Debt Protection Appears
- March 1964, OCC Issues 12 CFR 7.7495
- ...debt cancellation contracts are a lawful
exercise of the powers of a national bank and
necessary to the business of banking.
4What Is Debt Protection?
- A program designed to forgive (cancel), defer, or
suspend all or part of the amount due under an
extension of credit from a bank upon activation
of benefits for a covered event. - A covered event could include death
(illness/accident), disability (illness/accident),
involuntary unemployment, family leave,
hospitalization, and more.
5Who Can Sell?
- National Banks
- State Banks in parity states
- Parity - allows State chartered banks to compete
with National banks (not yet challenged for Debt
Cancellation) - Federal Credit Unions
6Debt Protection vs. Credit Insurance
- Insurance
- benefit
- claim
- coverage
- credit
- insurance
- insurer
- insured
- life Insurance
- certificate
- premium
- pay
- Debt Protection
- protection
- activation of protection
- protection, feature
- debt
- protection
- bank, creditor
- protected debtor
- death protection
- addendum, contract, agreement
- fee
- cancel, waive
7Advantages
- NOT Insurance
- Countrywide program - no state variations
- No agent licensing requirements
- Write Your Own form
- Do not need to file forms
- Select your own rate - no prima facie
- One set of formulas and rates across all states
- Simpler marketing forms
8Advantages (cont.)
- No premium taxes
- No insurance company required
- Incentive flexibility
9Disadvantages
- Bank capital at risk (if bank retains risk)
- Reserves need to be established
- Taxable event? IRS private letter says no, but
still not part of tax code - Potential regulation, although it appears to be
minimal for now - No age limits?
- No health questions?
- We anticipate the OCCs final rulings will
address these issues. Until such time the bank
will need to determine if they will use age
limitations or health questions.
10No Insurance Company Required
- Advantage or Disadvantage
- How do we as Insurers add value
11What We Provide
- Product development consulting
- Pricing recommendations
- Reserve calculations
- Sales training
- Marketing services
- Enrollment processing
- Benefit summary development
- Addendum to contract fulfillment
- In force file maintenance
12What We Provide (cont.)
- Benefit activation (claim) adjudication
- Benefit activation (claim) status by protection
type - Customer service inquiries
- Monthly management reports
- Portfolio profitability analysis
- Optional internet access (in development)
- Periodic experience analysis
- Contractual Liability Policy
13Risk Retention/Risk Transfer
- (Financial risk resides at Bank)
- Two-party agreement between Bank and the Debtor
Debtor
Lending Agreement with debt protection provision
Bank
Debtor
Debtor
14Risk Retention/Risk Transfer (AIG/American
General Retains the Risk)
- Creditor may transfer risk to an Insurance
Company through a Contractual Liability Policy
(CLP) - Two-party agreement between the Creditor and
American General Indemnity
Contractual Liability Policy
American General Indemnity
Bank
15Contractual Liability Policy (CLP)
- Contractual arrangement between the Bank and
American General Indemnity - U.S. CLP is issued to the Bank in your state of
incorporation filed in that state only - Bank charges the debtor a fee
- Bank retains a portion of the fee
- Bank remits the remainder of fees to American
General Indemnity as CLP premium - American General Indemnity reimburses Bank for
all cancellations or deferments
16How can the operating system help
- TPA
- Insurer to the Bank
- Reinsure to Bank owned Captive