Chapter 9

Delving into Liability Management

IN THIS CHAPTER

Bullet Calculating the dollar value of risks

Bullet Using insurance to reduce financial risks

Bullet Preparing for unforeseeable financial misfortune

Bullet Getting compensated for risk management

Liability management involves making sure your client has enough insurance to cover the cost of any big-ticket surprises, such as serious illness, property loss, or death of a major breadwinner. Think of asset and liability management as your team’s offense and defense. With asset management (see Chapter 7), you’re trying to gain ground. With liability management, you’re trying not to lose ground.

Although clients typically get more excited about maximizing their assets, you need to remind them of the importance of protecting against losses. After all, a single unexpected tragedy has the potential to completely devastate a high-performance portfolio.

Including liability management discussions with your asset management clients is important. Without effective liability management, your client could lose everything or, at the very least, suffer a loss greater than any bear market could cause. And if your compensation is based on the value of your client’s investment portfolio, you stand to lose income if liabilities ravage your client’s investment portfolio.

In this chapter, I lead you through the process of analyzing your client’s exposure to risk, introduce you to insurance solutions and a variety of insurance products, and invite you to explore the delicate psychology around protecting clients from the bad things that happen in life.

Remember A great variety of business models and specialties is available among financial advisors, and they all have value. Don’t assume (or let your clients assume) that one area is more important than another. Protecting against the loss of assets is just as important as maximizing the growth of existing assets.

Assessing a Client’s Risk Profile

A client’s risk profile is the level of risk the client is willing to accept. Assessing a client’s risk profile is a not-so-simple process of engaging the client in cost-benefit analysis. The client must decide how much he’s willing to pay for protection. Everyone conducts this cost-benefit analysis when they buy any type of insurance. For example, if you drive a clunker, you drop comprehensive insurance to save money; if you were to total the car, you wouldn’t get a big payout from your insurance company.

In the following sections, I present several ways to assess a client’s risk profile.

Remember Many certification programs can provide you the formal knowledge of how and when to apply different solutions, but nothing can replace real-world experience. Evaluating a client’s appetite for big-ticket risks and finding the right products is more art than science. You’ll get better at it over time. In the meantime, the following approaches can get you started in the right direction.

Following a formal process

Regardless of the approach you use to arrive at a dollar amount for insurance purposes (for example, the needs-based or human life approach presented later in this section), follow these five steps to assess a client’s risk profile, identify the client’s insurance needs, and present your plan to your client:

Step 1: Assess the client’s exposure to risk

Assessing a client’s exposure to risk is an exercise in answering the question “What’s the worst that could happen?” You and your client need to answer that question about the following areas:

  • Death: How much income would be lost by the breadwinner’s death? How much would it cost to bury a family member?
  • Health/illness: Do certain serious illnesses run in the family? Are certain family members at greater risk of physical injury and illness than others? What would happen to the family finances if someone in the family contracted a long-term illness?
  • Job loss: What impact would a job loss have on the family finances? Does your client have sufficient savings to weather a job loss?
  • Disability: If a breadwinner became disabled, what impact would that have on the family’s finances?
  • Marriage/divorce: What would be the financial impact of a marriage or divorce?
  • Family issues: If your client has one or more burdensome family members, what financial risks do they pose? For example, substance abuse interventions and treatments can be costly.
  • Personal property: What if the family home were destroyed by fire, flood, or some other disaster? What if a vehicle were totaled? What if items of value were stolen?
  • Business ownership: How would damage to or destruction of a business impact the family finances? What if a customer sued the business for damages?

Your client may already have plans or insurance policies in place to cover losses in some or all of these areas. Your job at this point is to gain insight into how well he is positioned to deal with possible losses and to increase his awareness of what he stands to lose if certain tragic events occur.

Tip Don’t hesitate to pry into the lives of your clients. The financial fallout from an unplanned event is far more uncomfortable that the temporary awkwardness of discussing personal or family problems openly. Many times in my own financial advisory career, I’ve received a call from a client asking me to wire money to cover an anticipated liability that I didn’t know was even a possibility.

Ask clients about their family and how everyone’s doing physically and mentally. Ask them how work is going and whether their family is dealing with any issues that you need to know about. Although you don’t want to grill your clients, you need to play detective and find out about any major events or situations that could rock their financial boat, such as a marriage, divorce, job loss, or illness. Check in with clients at least once a year to see if anything has changed.

Remember Assessing the client’s exposure to risk exercises your and your client’s intuition. Neither of you can see the future, but you and your client must consider the possibilities and the potential financial fallout.

Warning If your client truly trusts you and understands the relevance to your work, then you’ll be the keeper of many secrets, which is a humbling burden in this profession. Never break the trust or confidence your clients place in you. You want to be known as the financial advisor with integrity.

Step 2: Educate the client on mitigating risks

Although you can’t put a price tag on risk, I like to use a formula to demonstrate the wisdom of allocating some portion of the client’s assets to protect against potential losses. Here’s the formula I use:

Present value (PV) of financial loss ≥ PV sum of all premiums + Opportunity cost – PV of cash value accumulations (if applicable)

Where,

  • PV economic loss is the present value of some future, possible, and/or probable liability in dollars.
  • PV sum of all premiums paid is the amount of money paid over time into an insurance policy or contract or other strategy to protect against that specific future liability.
  • Opportunity cost (if premiums were invested elsewhere) is the money that could have been made if those insurance premiums were invested somewhere else. (Figure a five to six percent compounding return.)
  • PV of cash value accumulations is the accessible cash value that has accumulated in the insurance policy contract at some point in the future, if that feature is applicable.

The equation shows that a possible loss would cost your client more than the total cost of having insurance to protect against that loss. If you wanted to get even more fancy, you could try to research the probability of your client experiencing a particular event, like death or disability. There’s just one small problem — no one believes it could happen to him, which makes the whole probability exercise futile with clients.

To calculate present value (PV), use the following equation:

math

where FV is future value, i is the discount rate, and n is the number of years.

Here’s a simple example: A 40-year-old household breadwinner earning $200,000 per year and receiving an annual raise of 6 percent adjusted for inflation stands to earn $10,972,902.40, over the next 25 years leading up to retirement at age 65. You can use a lifetime earnings calculator or a spreadsheet to figure that out or do some really long math:

  • First year: $200,000
  • Second year: $200,000 x 1.06 = $212,000
  • Third year: $212,000 x 1.06 = $224,720
  • Fourth year: $224,720 x 1.06 = $238,203.20
  • and so on to the 25th year, and then total all annual salaries to arrive at a total lifetime earnings of $10,972,902.40.

Assuming a discount rate of 3 percent for inflation, the present value of $10,972,902.40 is

math

The breadwinner could protect against that loss with a renewable term life insurance policy, paying annual premiums of $5,000 that increase 3 percent annually, which comes to $182,296.30 over the 25-year term. Assuming a discount rate of 3 percent for inflation, the present value of that policy is

math

The opportunity cost of not investing that $182,296.30, assuming an annualized return of 6 percent is $274,322.56. Assuming a discount rate of 3 percent for inflation, the present value of that policy is

math

Based on these three numbers, you can show the client that the potential loss to the family if he dies without insurance is $5,240,719.30, but he could protect the family from that loss by paying $218,083.72 for a term life policy. Here’s the math:

  • PV of financial loss ≥ PV sum of all premiums + Opportunity cost – PV of cash value accumulations (not applicable, because this is a term policy)
  • $5,240,719.30 ≥ $87,065.74 + $131,017.98
  • $5,240,719.30 ≥ $218,083.72

Note that PV of cash accumulations isn’t applicable, because this is a term life insurance policy. Using cash value life policies can be a good way to build contract value, which reduces opportunity cost on the capital allocated to such a policy, as well as, the cumulative premiums paid.

Step 3: Decide how much loss the client wants to protect against

Insurance isn’t free, so people typically make trade-offs to reduce the cost. For example, Healthcare.gov offers four levels of health insurance — bronze, silver, gold, and platinum. A healthy 25-year-old man would probably opt for the bronze plan, in the belief (and hope) that he doesn’t contract a serious illness. Someone who’s older and has numerous health issues may be better off with a gold or platinum plan.

Remember Risk tolerance varies among clients. They don’t always need to hedge against a total loss or worst-case scenario.

After you and your client agree on a monetary value of what a potential loss would be, the next step is to ask your client how much of that loss he’s willing to risk. The most conservative client will want to protect against 100 percent of the potential loss, whereas a client with much more tolerance and disconnection from risks may be interested in covering only 50 percent of a highly probable liability and opt for no coverage on what he considers a low probability loss. Clients’ decisions are influenced by several factors but mostly by how relevant they believe the risk is to them personally.

Remember You can’t read people’s minds, so try to get your clients to open up about how they feel regarding the risks and the costs of hedging against those risks. Only then can you offer the rational processes to help them make decisions that are in their long-term best interest.

Step 4: Research insurance products

After you and your client agree on the monetary value of the potential loss and your client indicates the amount of that loss he wants to protect against, you can start shopping for insurance products to meet his needs. As you shop for products, use the following criteria to make your recommendations:

  • The insurance provider’s financial strength: You can whittle down the list of options by choosing to work only with the best of the best insurance providers. Financial strength is a good indication that the company has great management, offers great products, and will continue to grow and adapt. Check the insurance company’s Comdex rating to gain insight into its financial strength. Most insurance companies list this figure on their website, where they show all financial data. Also, as a licensed insurance broker, you’ll have access to this data through your brokerage group’s subscription to VitalSigns or EbixLife.
  • Value: Compare the cost, coverage, and features of different plans to determine which plans offer the most for the money. Features are additional benefits; for example, some life insurance policies waive the premium if the client becomes seriously ill or disabled. Features can make or break an insurance policy, so don’t overlook their value.
  • Flexibility: If you’re shopping for a life insurance policy, consider whether your client will be able to convert the policy or contract to another type of insurance; for example, he could convert a term policy to a permanent policy later.

Find at least one low-cost, mid-range, and high-cost policy, so you can present the options to your client.

If you conclude that a recommendation is worth giving, do so only after conducting your own competitive marketplace product analysis. If your firm favors and promotes a certain insurance carrier, that’s fine, but conduct your competitive analysis and recommend products that are truly in your client’s best interest.

Remember You can often address your client’s needs best with a blend of products. Consider using different types of insurance policies and contracts to produce the desired outcomes.

Step 5: Present the options, reach agreement, and implement the plan

Create a table to illustrate your liability management plan, as shown in Figure 9-1. For each solution you recommend, state your reasons for including that solution as an option and present its pros and cons or its cost, benefits, and features. Let your clients know that you have chosen only the best of the best insurance providers, and explain the importance of choosing products from companies that are in a financial position to back those products.

Tabular illustration displaying the sample of a liability management plan with its pros and cons and its cost, benefits, and features.

FIGURE 9-1: A sample illustration of a liability management plan.

Warning Don’t use emotional coercion to manipulate a client into a product or strategy. Most clients sense when their arms are being twisted, and they’re more likely to reject your recommendation than embrace it. You can get your point across in ways that aren’t coercive. I prefer presenting the facts objectively to appeal to the sentient beings I want to serve and allow their rational thinking to drive the best choices.

Several insurance-sales coaching programs are available to train advisors in techniques designed to connect clients with the gravity and emotion of potential life disasters, so clients are more receptive to insurance solutions. These approaches are effective because they increase clients’ awareness and understanding without being pushy.

Using the income replacement approach

One approach to estimating how much life or disability insurance a client needs is to calculate the income the person would earn over the course of his life.

A general rule in calculating coverage for losing a breadwinner’s income is to multiply the person’s annual salary by 20 years. If the person earns $150,000 per year, then $150,000 x 20 years = $3 million in today’s dollars paid as a lump sum. However, you should adjust for the ages of the surviving spouse and children, if any. With younger survivors, you may want to multiply the annual salary by 40. If the survivors are older, you may go as low as 10 times the salary.

For example, suppose your client is a family of five. Mom’s a 32-year-old attorney earning $250,000/year married to a 28-year-old dad who stays at home and raises the kids. In the event of mom’s death or physical disability, the family would probably need $250,000 x 40 = $10 million to maintain their lifestyle and achieve their future financial goals.

The family could decide that the premiums on a $10 million insurance policy are too expensive. They figure that in the event of mom’s death or disability, dad could get a job to offset the loss of income, they could scale down, and the kids would be able to take care of themselves in 15 years. They figure that they could probably get by on $100,000 per year, so they decide that $100,000 x 20 = $2 million of coverage would be sufficient.

Taking the needs-based approach

With a needs-based approach to estimating insurance coverage, you link the benefit payout to a future liability. For example, suppose your client wants to make sure his eight-year-old daughter’s college expenses are paid for in the event of his death.

You could use an online calculator or the future value (FV) function in Excel to crunch the numbers and determine that the total cost of a four year college education starting 10 years from now would be about $432,000:

Four year college tuition and expenses now

$200,000

Average inflation rate for college education

8 percent

Time until freshman year

10 years

Four year college tuition and expenses ten years from now

$432,000

A simple $500,000 life insurance policy specifically timed to provide that coverage throughout the daughter’s college career would suffice here. To be precise, a $500,000 death benefit, 15-year term life policy would do the trick.

Reviewing Insurance Lines and Products

Insurance is available for nearly every risk you take in life, except for most illegal risks and some foolish risks. You won’t find insurance to back a client’s losses at the local casino or a client’s poorly informed purchase decisions, but you’ll find insurance products that cover property losses, medical bills, and malpractice lawsuits and that pay out to a beneficiary in the event of a client’s death.

In this section, I bring you up to speed on the insurance categories you need to know about.

Remember The insurance categories presented here aren’t an exhaustive list of insurance/liability management products, strategies, or solutions. These categories are the essentials.

Life insurance

Life insurance provides financial benefits to heirs in the event of the insured’s death. The three biggies are:

  • Term life provides a tax-free death benefit (tax-free) to the named beneficiaries, if the insured dies within the specified time period. The policy has no cash value, so if the client lives past the term, he can’t recoup any of the premiums. The good news is that term life policies are relatively inexpensive.
  • Permanent life policies provide protection for the insured’s entire life, assuming the premiums are paid. These policies also have a cash value — a portion of each premium is held by the company and allowed to grow tax-deferred. Unfortunately, permanent life policies, such as universal life or variable life, may not live up to their name. Stock and bond market returns, company management, and product pricing can all impact the staying power of a particular policy with a constant premium. If you’re advising a client to purchase a permanent life policy, read the fine print and make sure the provider is financially strong and well established and that your policy performance assumptions are sound.
  • Whole life policies are a type of permanent life policy that locks the premium for the entire life of the policy regardless of changes to the insured’s age and health. A whole life policy has a cash value that can grow tax-deferred, and be accessible through policy loans. Most whole life policy providers even pay dividends to policy holders. If you’re offering whole life policies, be especially careful to work with a stable carrier, and ones that pay dividends based on nondirect recognition (no adjustment is made to policy dividends when there’s an outstanding loan balance)

Life insurance policies often include features that make them stand out, such as the following:

  • Waiver of premium if the policyholder becomes seriously ill or disabled
  • Accelerated death benefit, which pays cash advances if the policyholder is diagnosed with a terminal illness
  • Guaranteed purchase option, which enables the policyholder to purchase additional coverage without having to prove he’s in good health
  • Mortgage protection to pay off a mortgage upon the death of the policyholder

Disability insurance

Encourage your working clients to consider disability insurance in the event that an injury or illness prevents them from working. Social security disability pays only $700 to $1,700 per month, and the payments start six months or longer after the date the disability began. Unless your client has a good chunk of change squirreled away, even a short-term disability can be financially devastating.

Your clients who need disability insurance should consider both short-term and long-term disability insurance (see Table 9-1).

TABLE 9-1: Short-Term and Long-Term Disability Insurance

Short-term disability insurance

Long-term disability insurance

Typically pays 60 to 70 percent of salary

Typically pays 40 to 60 percent of salary

Provides coverage up to 12 months

Provides coverage until the disability ends, after a certain number of years, or upon retirement

Has a short waiting period, typically a couple weeks or less

Has a longer waiting period, typically 90 days

Disability insurance policies differ in several ways, including the following:

  • The definition of disabled: Whether you’re unable to work, period, or are able to do a job that’s outside your field of expertise. For example, if you’re a disabled attorney but can work as a secretary, the policy may not pay.
  • Partial disability coverage: Some policies pay a portion of the salary if the insured can work only part time, whereas others pay only if the insured is unable to work at all.

Health insurance

Unexpected medical bills are one of the biggest contributors to personal bankruptcy in the United States, so your clients should have health insurance and the means to cover the deductible. For example, a family with a policy that has a household deductible of $10,000 per year should have at least that much saved in basic FDIC insured bank savings before allocating funds elsewhere.

Remember Even if you decide not to provide health insurance plans, develop a clear understanding of your client’s health insurance policy terms and conditions, including deductible amounts and limits. With this understanding you’re in a better position to help clients plan their savings and investments, so they have resources to draw on if necessary.

Homeowner’s insurance

Although you’ll rarely, if ever, encounter a client who owns a home and doesn’t have homeowner’s insurance, you should review the policy to ensure that the coverage is sufficient. Coverage should include the replacement cost of the home and personal property inside the home, including expensive artwork, jewelry, and collectibles.

Remember For many clients, the home they own is their most valuable asset. Without sufficient insurance coverage, a single tragic event could rapidly deplete the homeowners’ net worth.

Auto insurance

Because drivers are required to have auto insurance, most drivers have it, but you should review the policies to ensure that your clients aren’t underinsured or paying too much for their policies.

Tip Encourage your clients to get one or two auto insurance quotes from reputable companies. Comparing policies from two or more insurance companies may reveal ways your clients can save money to allocate elsewhere.

Liability insurance

The possibility of a client being sued (especially if he has millions) is a real risk to a family’s accumulated assets. Various types of personal or professional liability policies, such as umbrella policies and malpractice insurance, fund the possible settlement and/or judgment from an unlucky personal or professional lawsuit.

Many businesses and professions (including financial advisor) are required to carry error and omissions policies. Policy premiums are typically range from $700 to $1,500 annually for $1 million in protection against unintentional damage to a client.

Annuities

An annuity can be a combination of insurance and investment that pays the holder a certain amount of money starting on a certain date and every month for the rest of the holder’s life. The idea is to provide a guaranteed income stream, so annuity holders don’t outlive their money. The other benefit is that investors in annuities don’t have to concern themselves with managing their investments; that job is handled by the annuity manager, although the investor may have some choices.

As much as guaranteed income for life sounds great, annuities have several drawbacks, including the following:

  • When you buy an annuity, you’re pretty much stuck with it, or you have to pay a stiff surrender fee to get your money out.
  • Some annuities (like, variable or indexed) are commonly sold by brokers who are paid a commission, sometimes as high as 10 percent or more.
  • Often certain annuities typically charge annual fees of 2 to 3 percent compared to 1 to 1.5 percent for managed mutual funds.
  • When you die, your money stays in the annuity; it’s not passed to your heirs. This is the case for life income–only annuities.

Here are the two main versions of annuity contracts:

  • Single premium immediate income annuity: This old-fashioned annuity is a simple promise to pay the annuity holder a certain amount based on a lump sum deposit. The payment isn’t subject to market volatility and is widely regarded as a favorable tool in retirement income planning.
  • Flexible or multiple premium deferred accumulation annuity: This newfangled annuity adds interest to the deposits, and this interest may be guaranteed for a certain number of years. The promise here is that the annuity will “capture stock market upside without downside capital loss risk.” This type of variable or indexed annuity is typically expensive and somewhat complex. Use extra due diligence to figure out how a product really works before recommending it to a client.

Warning Do your homework and be prepared to explain the pros and cons to your clients. I’ve witnessed too many so-called financial advisors who fail to comprehend the finer details in these kinds of annuity contracts. By demonstrating your thorough understanding of the product’s pros and cons, your client will have gained tremendous confidence in their plan.

Comparing Revenue/Compensation Models

When you’re helping clients select insurance policies, you’re essentially working in sales and collecting commissions. This arrangement is prone to conflicts of interest. After all, the more expensive the policy, the more money you make, and there’s really no way around it. The only choice you have is between the lesser of two evils:

  • Collecting a one-time, up-front commission
  • Receiving annual recurring trailing revenue (getting paid in installments)

Which compensation model is more closely aligned with the client’s interests is a seemingly simple question that has the entire industry completely ensnared in debate. The National Association of Insurance Commissioners (NAIC) is actively debating a fiduciary, best-interest standard on life insurance sales, but until they set the standard, you need to decide for yourself. In this section, I describe both models and reveal which side of the debate I’m on.

Collecting a one-time, up-front commission

A vast majority of insurance product manufacturers incentivize and compensate their salespeople by paying up-front commissions of anywhere from 50 to 120 percent of the first year’s total premiums. Commissions like that can add up to big bucks and make your clients wonder whom you’re really working for.

If you choose this compensation model, here are a few ways to ensure that your interests align with those of your clients:

  • Present products from more than one product manufacturer.
  • Present high-cost, mid-range, and low-cost options, and let your clients choose what’s best for them.
  • Broaden your service offerings, so you don’t come across as just an “insurance salesperson.” While I believe that being a risk-management-first advisor is a noble profession, adding asset management and guidance on other financial matters to your service offerings takes some of the focus off insurance sales.

Getting paid in installments

Getting paid in installments (officially known as annual recurring trail revenue) involves small payments over a number of years instead of one large, up-front commission. You can still earn the same amount of money, but it’s spread over several years. I recommend this arrangement for two reasons:

  • Getting paid over several years projects to your clients that you’re committed to their long-term success.
  • Spreading out commission payments typically improves short-term policy cash value accumulation (specifically in the case of whole life cash value policies) because most of the first-year premium payment is being applied to the policy instead of being paid out in commissions.

Remember Lean toward the smaller, ongoing revenue, whenever possible. Most insurance product manufacturers provide a variety of compensation models.

Embracing transparency

Whichever compensation model you choose, be transparent with your clients. Get ahead of any future regulatory pressure by incorporating commission transparency on all sales today.

I’ve begun the difficult practice of being consistently transparent, which has been refreshing to my clients. To follow in my footsteps, here’s what you need to do:

  1. Reveal the percentage commission that you’ll earn when the contract or policy is in force.

    For example, whether you’re receiving 100 percent of the first year premium in the first year or over the course of five years, quote that total.

    Tip Be general. If you’re getting a 55 percent up front plus another 20 percent financing bonus and another 25 bonus, you don’t need to break it down. Just tell your client that you’ll be getting 100 percent of the total first year premiums.

  2. Educate your client on the competitive marketplace and the industry’s predominantly commission-based compensation model.

Revealing commission compensation to the client has expanded the types of insurance products and structures I offer clients. I can often find insurance products that are better aligned with my client’s interests when I expand my search to include products that pay, for example, 10 percent up front and 10 percent over the next nine years.

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