- 7 - 7. Rights Under the Commercial Union Life Insurance Policy a. NHF’s Rights The life insurance policy had an initial death benefit of $991,789. Under the DBOA, NHF became entitled to $557,280 of that amount when it paid the $36,000 premium to Commercial Union Life in 1997. NHF’s portion of the death benefit was fixed at $557,280, even if the total death benefit increased under the policy. Under the DBOA, NHF was guaranteed to receive either: (1) $557,280 when Mrs. Addis died; or (2) the termination account or cash surrender value of the insurance policy if the policy was terminated before Mrs. Addis died. NHF was guaranteed to receive the termination account value upon termination of the policy, i.e., the cumulative amount of premiums paid by NHF, less the cumulative cost of insurance that NHF was charged for its share of the death benefit. b. The Addis Family Trust’s Rights In 1997, petitioners’ family trust was entitled to receive $434,5094 of the death benefit. Under the DBOA, the Addis family trust could borrow against the life insurance policy only to the 4 Lawrence D. Cronin, the president of Cronin Insurance Services, testified that petitioners’ family trust was entitled to receive $424,509. The initial death benefit was $991,789. NHF was entitled to receive $557,280 of that amount, and petitioners’ family trust was entitled to receive the remainder. The difference between $991,789 and $557,280 is $434,509.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011