(11) INVESTMENT IN POLICIES
From time to time, we purchase interests in policies to hold for
investment purposes. ASC 325-30, Investments in Insurance
Contracts,provides that a purchaser may elect to account for
its investments in life settlement contracts based on the initial
investment at the purchase price plus all initial direct costs.
Continuing costs (e.g., policy premiums, statutory interest and
direct external costs, if any) to keep the policy in force are
capitalized. We have historically elected to use the investment
method and refer to the recorded amount as the carrying value of
the policies.
The table below describes the Investment in Policies account at
February 29, 2012.
|
Policies With Remaining Life
Expectancy
(in years)
|
|
Number of Interests
in Life
Settlement Contracts
|
|
|
Carrying
Value
|
|
|
Face
Value
|
|
| 0-1 |
|
|
57 |
|
|
$ |
- |
|
|
$ |
831,833 |
|
| 1-2 |
|
|
25 |
|
|
|
482,273 |
|
|
|
686,811 |
|
| 2-3 |
|
|
40 |
|
|
|
524,937 |
|
|
|
1,138,293 |
|
| 3-4 |
|
|
135 |
|
|
|
2,867,454 |
|
|
|
5,264,433 |
|
| 4-5 |
|
|
112 |
|
|
|
623,375 |
|
|
|
2,724,154 |
|
| Thereafter |
|
|
1,037 |
|
|
|
4,360,495 |
|
|
|
20,182,681 |
|
| Total of all
policies |
|
|
1,406 |
|
|
$ |
8,858,534 |
|
|
$ |
30,828,205 |
|
Before fiscal 2004, our business model focused on viatical
settlements, in which the insured is terminally ill. At that time,
most viaticals involved insureds with HIV. Subsequent advances in
medical science and health care greatly extended the life
expectancies of these insureds, and we and the industry switched to
life settlements. Beginning in fiscal 2004, we began facilitating
the purchase of life settlements for our clients and by fiscal
2006, life settlements constituted the majority of transactions we
facilitated. The bulk of policies we own that have exceeded life
expectancy are viaticals. Actual maturity dates in any category may
vary significantly (either earlier or later) from the remaining
life expectancies reported above.
We evaluate the carrying value of our investment in policies on a
regular basis and adjust our total basis in the policies using new
or updated information that affects our assumptions about remaining
life expectancy, credit worthiness of the policy issuer, funds
needed to maintain the asset until maturity, discount rates and
potential return. We recognize impairment on individual policies if
the expected undiscounted cash flows are less than the carrying
amount of the investment, plus anticipated undiscounted future
premiums and capitalizable direct external costs, if any.
Impairment of policies is generally caused by the insured
significantly exceeding the estimate of the original life
expectancy, which causes the original policy costs and projected
future premiums to exceed the estimated maturity value. We recorded
$906,451, $6,212,150 and $2,139,183 of impairment for fiscal years
2012, 2011 and 2010, respectively. The fair value of the impaired
policies at February 29, 2012 and February 28, 2011, was
$1,201,561 and $1,172,608, respectively.
Estimated premiums to be paid for each of the five succeeding
fiscal years to keep the policies in force as of February 29,
2012, are as follows.
| Year 1 |
|
$ |
633,830 |
|
| Year 2 |
|
|
666,510 |
|
| Year 3 |
|
|
802,990 |
|
| Year 4 |
|
|
757,924 |
|
| Year 5 |
|
|
779,006 |
|
| Thereafter |
|
|
10,222,317 |
|
| Total estimated
premiums |
|
$ |
13,862,577 |
|
The majority of our Investment in Policies was purchased as part of
settlement agreements and purchases from existing clients, which we
refer to as tertiary purchases. We do not currently have a strategy
of buying large amounts of policies for investment purposes, but we
expect to continue to make purchases as they may be presented to us
and if the purchases can be made with benefit to both parties.
Since the purchases for our own account are motivated generally by
settlements and tertiary purchases, our purchases do not materially
affect the supply of available policies in the secondary market.
The risks that we might experience as a result of investing in
policies are an unknown remaining life expectancy, a change in
credit worthiness of the policy issuer, funds needed to maintain
the asset until maturity and changes in discount rates.
We sold the viatical portion of our Investment in Policies to an
unrelated party on May 1, 2012 for $3,870,353. Accordingly, the
carrying value of the viatical portion of that investment,
$2,317,974, is classified as a current asset at February 29, 2012.
The remainder of the carrying value of the investment, $6,540,560,
is classified as a long-term asset.