- 9 - continued the Royal policy by payment of the premium for each successive year. Petitioners also discuss the fact that they were financially unable to afford the $40,653 annual premium and that they had to wait until Schwab's rebate check was credited to petitioner's bank account before their equal-in-amount premium check to Royal could be honored. In that regard, petitioners argue that their maximum insurance coverage needs were no more than a few hundred thousand, if they could afford it. It is irrelevant that the insurance transaction entered into by petitioner was beyond his needs or means. Our focus must be on the benefit or enrichment petitioners received. Although the transaction with Royal, through Schwab, may have been "too good to be true," petitioners were willing to engage in the transaction because they received a benefit. They did not become involved with Schwab out of disinterested generosity. Instead, they willingly applied for a $1,250,000 policy with Royal knowing that they would receive the benefit of that coverage for a year without any cost. In order to obtain that benefit, petitioner signed various documents, took a physical, and made representations that he was applying for and accepting $1,250,000 of coverage. In exchange for that performance, petitioner received $40,653 from Schwab and/or the benefit of $40,653 of insurance without payment. Either way, petitioners were enriched.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011