Orphan policies: the dirty criminal secret of the insurance industry!!!

InsuranceAbout the Canadian Council of Insurance Regulators


Orphan policies are life policies which do not have an insurance agent holding a VALID life insurance license allowing them to sell insurance or service existing life insurance policies purchased by a consumer.

The insurance industry is plagued by fraudulent commercial practices employed by insurers to increase their profit margins. What is amazing is how this unacceptable state of affairs is treated in such a casual manner by those who work in this industry. The perfect example is Ron Atkinson VP at PPI Financial who stated: “I know for a fact that some companies are taking this into account in their pricing. They are assuming that with reduced or inadequate service more policies will lapse which contributes to the lapse supported pricing I referred earlier.” This is fraud and there is nothing casual about this!!!

On Financial Planning

Richard Proteau

Basically, insurance companies provide wrong and misleading information to the policy owner through various reports that are sent to him; giving him the impression that a licensed agent is looking after his policy; telling the policy owner to call this unlicensed agent to get information and advice in regards to what needs to be done with his policy.

To service a life insurance policy, an agent must have access to the service portal of the insurer and must also receive notices and reports from the insurer in regards to the policy. For example, if a conversion or renewal is approaching, a notice would be sent to the licensed agent and it would be the agent's responsibility to contact the policy owner in order to discuss the actions required to protect the life insurance coverage. This is particularly important when a lapse notice is sent because a life insurance premium was not paid; often the result of an error such as a bank account change. In this case, upon the receipt of the lapse notice, the life insurance agent would have the responsibility to contact the policy owner to correct the situation within 30 days of the lapse notice or the policy owner would lose the right to reinstate the insurance coverage without any underwriting. However since the agent is not licensed, contrary to what is stated by the insurer, no one will receive the lapse notice, leading to the lapse of the policy, which is very profitable to the insurer (never having to pay a death benefit if the policy lapses).

MANULIFE UNCOVERED

Orphan policies

Summary: When it comes down to orphan policies no other insurers can match Manulife. This is because Manulife literally creates orphan policies on purpose. Because Manulife bought other insurers at unrealistic prices, it is saddled with toxic life insurance policies that threaten the profit margins of this company. Senior executives at Manulife are not willing to tell their shareholders that they will have to take a major loss on these policies since this would jeopardize the big stock plans of these executives. Instead Manulife has come up with a very efficient plan of removing the name of agents from existing policies; turning these polices into orphan policies. In this taped conversation between Manulife employees Brian Woolley, Bob Gloin and Richard Proteau, you will gain a perspective of this problem. Please note that this taped conversation proved that Brian Woolley and Bob Gloin committed perjury in the information they provided to the regulator (AMF) in regards to orphan policies and in a lawsuit started by an agent named Mr. Cormier against Manulife.

The concept of orphan policies has been recognized by the Justice Court in this case: http://www.canlii.org/fr/qc/qccs/doc/2008/2008qccs802/2008qccs802.html?searchUrlHash=AAAAAQAHQXNzYW50ZQAAAAAB

The Court recognized different types of orphan policies. Orphan policies are called “Resulting” Orphan policies when the orphan policy is created by the decision of an agent to retire, getting out of the industry, and death of the agent. In fact, upon the death of an agent, the insurer will list the estate of the agent as the servicing life insurance agent. The policy owner would be told by the insurer to contact the trustee of the estate if he has any questions in regards to his life insurance policy. This is absolutely insane. The trustee could be anyone!!!

Email reference orphan
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There is another class of orphan policies which are the “Created” Orphan policies and they have yet to come to the attention of the Justice Courts. These orphan policies are created not by the action of the advisor but mainly by the actions of the insurer. These orphan policies are created when the insurer cancel the advisor’s contract for cause; when the advisor has his license revoked for life by a regulator; or for policies where the insurer has simply removed the name of the selling agent and servicing advisor from the policy in order to deceive the policy owner.

>>
Cormier versus Manulife: THE ORPHAN CLIENT LAWSUIT and what Manulife tried to hide through a confidentiality agreement..

It is interesting to note that orphan policies became prevalent with the introduction of permanent insurance. When a consumer is offered permanent insurance, he is often convinced to prepay the future cost of insurance of the policy in order to access a level type of cost of insurance resulting into a level premium that can be paid for the life of the policy unlike a traditional policy where the cost of insurance would increase every year resulting in an a yearly increase in the premium. Usually this permanent insurance is complex often providing complicated and very expensive investment options that the policy owner can select in order to build a cash value. The existence of the cash value is used to dazzle the policy owner in forgetting that the real value of his policy is by how much he has prepaid the future cost of his insurance policy. The insurers’ strategy is to ensure these insurance policies are lapsed by their owners in order for the insurer to divert and cash in on the value of the insurance that was prepaid by the policy owner.

To achieve this goal, the insurers used a variety of techniques. One of the stratagems employed is to ensure that no agents are assigned and looking after these policies in order to increase the number of policies accidently cancelled because no one is looking after the policies contrary to what is stated to the consumer.

Service and obligations of Insurers

As can be seen from from court cases in Quebec, it is the jurisprudence that insurers have the obligation to provide accurate information and statements to policyholders. How insurers discharge themselves of this obligation will depend on the distribution channel used by the insurer to sell its insurance products. In Villemaire against Robillard, the judge stated:

[36] The jurisprudence has established that when a broker had information such as a change of address that could result in the lapse notice not being forwarded to the right place, the broker had an obligation to ensure that the insurer was adequately informed of such a change of address so that the insured could receive the appropriate notices in due course.

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Criminal accusations made against Manulife in regards to orphan policies

Policyholders have a right to receive service on their policies because 2 types of service fees are deducted from the premium they have paid. The first service fee is a service commission paid to the advisor. This service commission can be paid as a per cent of premium paid each year over the life of the contract or it can be advanced and integrated into the First year commission. The second service fee is a service fee of 3% paid on inforce premium to the agency or branch; with the agency or branch responsible to ensure that service is provided to the policyholder.

Distribution Channels

As I said, the level of responsibility of the insurer towards ensuring that service is provided to policyholders will depend on the distribution channel used. There are 3 channels but we will discuss only 2 channels.

Agency Channel

In this traditional channel, the advisor contracts with the agency which has the master contract with the insurer. While the advisor is independent and is under the impression that his block of business belongs to him, the block of business ultimately belongs to the agency. When the advisor transfers to another agency, the original agency must accept to release its ownership interest in that block in exchange for compensation by the new agency. Since the responsibility for service cannot be separated from ownership, the agency is ultimately responsible to deliver service to the clients.

However when an advisor retires, dies or leaves the industry, there are no obligations for the agency to name a new advisor. In fact,the agency can keep the old advisor as the servicing advisor and therefore circumvent the law whereby an Agency which is a corporation cannot act or be named as selling or servicing advisor as only a licensed individual (physical person) can do this therefore giving the impression to the client that a servicing advisor is looking after their policy. It is now up to the client to look after its own policy but they do not know this.

Direct Channel

In this channel, the advisor does not use an agency to contract with the insurer. He contracts directly with the insurer. This channel is the result of the transformation of a branch system and captive sales force into an independent sales force.

The existence of this channel creates an interesting question of disclosure to the clients. Does the client know that while he is paying the same premium, in doing business with an advisor contracted under this channel, he loses an essential service component which is the agency?

Policies in this channel can be divided in 2 classes. The first class is the Pre-independent policies. These policies were sold by a captive sales force and a branch system. They were sold under the premise that the clients dealing with a non-independent sales force would receive service directly from the insurance company. Can the insurer's choice to move to an independent sales force and therefore closing all of its branches remove or cancel their service obligations that resulted from this branch system? This is one of the questions that I asked my bosses at Manulife, Brian Woolley and Lester Heldsinger. Their position was that Manulife had no obligations or responsibilities. I disagreed with this and jurisprudence proved that I was entirely right.

The second class of policies was post independent policies. These policies were sold by independent advisors. The question here is one of disclosure and one of fairness. The client pays the same premium whether or not he selects an advisor contracted though the Agency or Direct Channel. So therefore the service opportunities should be the same. It is not the case. In the direct channel, the 3% agency fee is kept by the insurer as profit. Therefore the insurer should be responsible to service the clients. The 3% should not be taken as profits and should instead be used to create an administrative structure within the Direct Channel to provide service to the clients.

In the case of Manulife, this company did not want to be responsible for the service to clients. As a result, Manulife had a responsibility to pay this 3% service fee to the direct advisor allowing the advisor to use this fee to invest in his own administrative structure. For an advisor with a $10 million inforce premium book of business that 3% represents $30,000 and the ability to pay for one admin resource. This is not done. If we take 500 such advisors,this represents a recurring and yearly profit of $15,000,000 kept by the company. This is $15 miilion paid by the policyholder when he receives no service in return. He is not aware of this.

By deliberately removing the advisor, the insurance company can tap in two additional centers of profit. First the insurance company will keep the first level of commission that is usually paid to the servicing advisor. The insurance company can also influence the lapse rates of these policies. Since the customer is not receiving his lapse notices or other statements because of bad addresses (for example) because there are no contact with a servicing advisor. As a result, these policies are more likely to lapse. These policies are also old policies with large reserve requirements. When such a policy lapses, the company does not have to pay a death benefit and can take as profit the reserve of the policy.

In other words the insurance company wins on both side of the accounting ledger. It decreases liability exposure and increases profits.

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Cormier versus Manulife:The confidential lawsuit revealed...



CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
NO:500-17-058610-109

SUPERIOR COURT
CIVIL COURT

CLAUDE CORMIER
Applicant
v.
MANULIFE
Defendant

INTRODUCTORY REQUEST FOR A PROVISIONAL INJONCTION AND PERMANENT AND CIVIL DAMAGES AND EXEMPLARY DAMAGES

TO SUPPORT THIS REQUEST, THE APPLICANT DECLARES WITH RESPECT THE FOLLOWING:

1) He is an insurance representative for more than 46 years

2) He exhibits under piece P1 his insurance license found under the public registry.

3) He has never been suspended, reprimanded or having his license cancelled.

4) The defendant is an insurance company.

5) The Applicant exhibits under Piece P2, the business information of the defendant.

6) Force Financiere Excel is a contract management company called MGA which has acted as an intermediary between the applicant and the defendant and previously between Commercial Union and the applicant.

7) On December 30 2004, the defendant purchased under a merger the company Commercial Union.

8) Before this date, the applicant had around 250 clients who had purchased insurance policies from the company Commercial Union

9) In virtue of having sold the insurance policies, the applicant was receiving an annual commission of 5% of the premiums paid by the clients from the moment the premiums were paid to Commercial Union and has the right to a forfeiture amount when these policies were acquitted.

10) Since the acquisition of Commercial union by the defendant (Manulife) the applicant has ceased to receive these commissions.

11) The company Force Financiere Excel has requested several times from Manulife to clarify and address the situation without any success.

12) On May 20th, 2010, S Farley and T Cumming (clients of the applicant) gave to the applicant a letter they had received from the defendant which is exhibited under Piece P3.

13) What is stated in the letter is absolutely false as shown under Piece P1.

14) The damages caused to the applicant from the allegations made in the letter will vary by the number of clients who have received a similar letter and from the clients who will repeat these false allegations in good faith.

15) The number of clients, actual or potential informed or will be informed, will always not be precisely known in addition to the wrongs caused as much from a financial to a reputation perspective.

16) As a result, there is a prejudice caused that is serious and irreparable.

17) It is urgent that the defendant cease the divulgation of these false allegations and a provisional injunction is required, the defendant having only answered verbally to this document under Piece P4 that the signatory of the letter did not work anymore for the defendant without linking that cessation of employment with the letter that he signed under P3.

18) In addition in order to minimize the damages and for the defendant to rectify the facts without any delays, it is urgent that that an order be issued to the defendant to provide to the applicant and his legal representative a copy of all of the letters that the defendant sent to the clients and old clients of the applicant.

19) The applicant was only able to identify 70 of the 250 missing clients of life insurance from Commercial Union since 2005.

20) The defendant did not pay the commissions even for these clients that were identified but did not sent a letter similar to the letter sent under P3.

21) There is also a need to order the defendant to provide to the applicant a copy of all the letters sent to the residents of Drummond, Richelieu, Arthabaska, St-Hyacinthe, and St-Francois in order for the applicant to reestablish his reputation in the regions where he works since the communication of these false allegations could rapidly be disseminated to existing and new clients.Also the applicant has the right to reestablish his reputation destroyed by the defendant

22) The right of the applicant is clear and the injunction is necessary to stop any serious prejudices be caused to the applicant or that a situation be caused that could render the final judgment impossible.

23) Also the balance of the inconveniences is easily in favor of the applicant./p>

24) The applicant requires to be dispensed to provide caution since his rights are clear.

25) Also considering the fault of the defendant of not paying the commissions, there is a need to inform as per the provisions of article 532 of the Civil code

26) There is a need to condemn the defendant to pay to the applicant a sum of $250,000 for damages and damages to his reputation.

27) There is a need to condemn the defendant to pay to the applicant exemplary damages of $100,000 since the way of doing things manifested by the letter P3 was done without verification and must be qualified as gross negligence and bad faith.

For these motives, we ask the court to welcome this petition:

Paul Biron
Lawyer for the applicant

CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
NO:500-17-058610-109

SUPERIOR COURT
CIVIL COURT

CLAUDE CORMIER
Applicant
v.
MANULIFE
Defendant

IN DEFENSE OF THE APPLICANT’S REQUEST, THE DEFENDANT SUMBITS THE FOLLOWING:

1. Manulife admits paragraph 1 and 2 of the introductory request for a provisional injunction and damages (hereinafter “Request”).

2. Manulife ignores paragraph 3 of the request

3. She admit to paragraph 4,5,6, and 7 of the request.

4. As to paragraph 8 Manulife recognizes that the defendant has many clients who had insurance policies with Commercial Union but questions the number of 250 clients.

5. Regarding paragraph 9, of the request, Manulife refers to the contract signed between the applicant and the company Force Financiere Excel (hereinafter Excel) which is an insurance firm as defined under the Law for the distribution of financial products and services and which acted as an intermediary between the applicant and Commercial Union.

(MY NOTES: Here Manulife admits that Mr. Cormier never had a direct contract with Manulife or Commercial Union and therefore Mr. Cormier was never part of a direct channel and always employed the services of an MGA which in this case was Force Financiere Excel. The question as we shall see is how the policies of Mr. Cormier could have been transferred to the Direct Channel under a “PHONY” code called “DEFAULT” and a Manulife branch that had ceased to exist for many years. (Manulife Direct channel is a direct competitor of Excel owned and is operated by Manulife) without the knowledge and consent of Excel and Mr. Cormier.)

6. Manulife does not deny the paragraph 10 of the request adding that the commission was payable to the Excel and not to the applicant directly.

(MY NOTES: Here Manulife admits the commission is owned by Excel but since the policies had been transferred out of Excel, such commission would have ceased be paid to Excel while being kept by Manulife by having such commission hidden under the phony and fraudulent agent code “Default” and inexistent branch”).

7. Manulife denies paragraph 11, and blames Excel since Excel was never able to provide all of the information pertinent to the existence of these commissions.

8. Manulife ignore paragraph 12.

9. Manulife ignores paragraph 13.

10. In regards to paragraph 14, of the request, the applicant declares that he identifies 3 clients of the applicant who have received a letter similar to the letter in P3. These clients have been informed that this letter should have never been sent since the information was never verified prior such action.

11. She denies paragraph 15 and 16 of the request.

12. In regards to paragraph 17 of the request, Manulife confirm that the letter P3 has been sent under a personal initiative of the employee who was not authorized to transmit this letter.

(MY NOTES: (As per the recording of BRIAN WOOLLEY AND BOB GLOIN, we can hear BRIAN WOOLLEY CLEARLY STATING TO RICHARD PROTEAU to proceed with assigning the orphan clients as quickly as possible. As a result, Manulife and its procurer OGILVY RENAULT lied in this legal document trying to shift blame to Richard Proteau while covering up the affair.)

13. In regards to paragraph 18 of the request, Manulife has identified the clients of the applicant who have received this letter and has informed them of this error.

14. In regards to paragraph 19 of the request, Manulife recognizes having received from the applicant’s procurer a list of 70 clients that were identified by the applicant and where the applicant pretends having a right to receive commission.

15. She denies paragraph 20 of the request.

16. In regards to paragraph 16 of the request Manulife has informed the procurer of the applicant of the name of the clients who have received a letter similar to P3 and Manulife transmitted a letter on June 10 2010 of a letter rectifying this.

17. She denies letter 22, 23, 24 of the request.

18 She denies letter 25 of the request.

19 She denies paragraph 26 and 27 of the request.

PLEADING MANULIFE ADDS:

20. Three letter including P3, were sent to the clients of the applicant by Richard Proteau.

21. Despite the fact that the letters were dated April 19 2010 it seems they were posted in May 2010.

22. However the working relationship of Richard Proteau with Manulife ended April 23 2010.

23. Beside, Richard Proteau was not actively at work since 1st of December 2009

(MY NOTES: When Manulife decided to ignore provincial laws to operate on a PanCanadian; meaning having 1 set of operation based on the requirement of Ontario law to be operated from Toronto. As a result, Manulife cut most of French staff from 12 employees down to 2 French employees for the Quebec direct channel. Trying to operate without French speaking employees, trying to fit Ontario operations into a Quebec legal framework (akin to fitting a square peg in a round hole) I suffered a major depression from the stress of this situation caused by Manulife. As a result, I tried to go on disability on December 2009. However what Manulife does not state is that inquiries and other situations demanding my attention were still referred to me at my home because nobody in Toronto could deal in French. As a result I was unable to stop working jeopardizing my recovery despite my many complaints to the Human Resource department which led to my decision to end my employment with Manulife. The letters were dated in April and were given to the advisor Andre Grosso to be sent in April while I was still employed with Manulife. However because of problems, the advisor Andre Grosso was only able to send the letter in May after I had left Manulife. I did not feel it was my responsibility before my departure from Manulife to recover the letters from Grosso since the sending of these letter were authorized by Manulife as per the taping of the conversation and taped statement of Brian Woolley.

24. As a result, Richard Proteau would have sent these letters when he was not employed by Manulife.

25. Richard Proteau transmitted these letters without the knowledge of Manulife and in addition without verifying the information in regards to whether the advisors lost their right to exercise in the category of personal life insurance.

(MY NOTES:Another lie. Since the name of Mr. Cormier was removed as the agent of these policies and since the name of the MGA Financiere Excel was also remove and did not show anywhere, it was impossible to know who was responsible for these policies. Instead these polices had been illegally transferred and dumped under the code of an old Manulife branch that did not exist anymore in the DIRECT CHANNEL OF MANULIFE which is a direct competitor of Financiere Excel.. The agent name had also been removed and replaced by the term “DEFAULT”. After many inquiries to the compliance department and Brian Woolley in regards to the existence of these policies when I discovered their existence by stumbling across lapse notices that were destroyed, nobody at Manulife were willing to answer my questions. As a result, I made the executive decision as a Vice President at Manulife to include these policies into our existing assignment orphan program. I did not inform anyone of this decision. Why would I? I believed these policies were like all the other orphan policies except that the name of the agent had mysteriously disappeared. My main worry was to stop the lapses of these policies as soon as possible by assigning them to a licensed agent. In fact this made my job easier since there was no agent, there was nothing to be verified and the policy could be simply assigned which was going to save me a lot of work. However when I did this suddenly agents who had been looking for these policies suddenly found out where they were. Even worst, a lot of agents did not know policies of some of their clients were missing and had been removed by Manulife from their block of business… This was fraud and Manulife had to hide this fraud and I was the best person to blame…)

26. Richard Proteau acted for his own benefit and not for Manulife (MY NOTES: again there was absolutely no benefit for Richard Proteau for doing this except from not breaking the law.)

27.After being alerted of the situation by the applicant, following the receipt of this request for injunction and damages, on may 20th 2010, Manulife did an investigation and sent a cease and desist order to Richard Proteau and his lawyer condemning the acts he had committed as it appear in document D1

(MY NOTES: This cease and desist order was ignored by me since I was not involved with the sending of these letter since my departure from Manulife.

28. Prior to this, on may 25ht 2010, Manulife informed the procurer of the applicant that Manulife was doing an investigation and that the sending of the letters were the result of a personal initiative of Richard Proteau as shown in our letter date may 25th 2010 as it appear in D2

29 Since then Manulife has determined that 3 letters were sent to the clients of the applicant and these client received on June 21st a letter rectifying the facts as it appears in D3

30. The letters in D3 were submitted to the procurer of the applicant in order to obtain his approbation.

(MY NOTES:When I was informed that Manulife was sending letters to client falsifying the facts and using defamation to put the blame on me in order to hide this fraud, I was able to get the address of 250 clients that were sent these letters. I sent a counter letter informing these clients that Manulife had committed an act of fraud in regards to their policy. Manulife never attempted to stop me legally since this was entirely true and as a result Manulife could not use the power of the Justice Court to stop me without getting on the stand to face the music…

THE CLAIM IN DAMAGES:

31. The applicant claims $250,000 for damages to his reputation and for damages resulting from the letters being sent by Richard Proteau.

32. However it appears that only THREE letter were transmitted to clients of the applicant and that the situation was corrected rapidly

33. In addition the applicant was in a position to correct the situation with his clients.

34. In these circumstances, the amount requested is clearly exaggerated.

35. In addition, the defendant Manulife never acted in bad faith (My NOTES: removing the name of an agent from a client policy and transferring this policy outside of a MGA without its knowledge and consent; then denying it; represents the an ABSOLUTE act of bad faith by Manulife.)

36. Manulife is instead the victim of a personal initiative of Richard Proteau (My NOTES: as per recording Richard Proteau was following the directives of Manulife)

37. Richard Proteau is the only person responsible for the damages claim by the applicant since he acted for his own interest and outside of his functions.

38. The claim for exemplary damages is unfunded and grossly exaggerated.

CLAIM FOR UNPAID COMMISSIONS:

39. The applicant is requesting that his vested commissions be paid in regards to policies issued by Commercial union

40. The applicant through the intermediary MGA Financiere Excel had in the past many discussions with Manulife in regards to these commissions.

41. To start, it is important to clarify that these commissions are payable to the MGA Excel and not to the applicant personally. (MY NOTES: since the policies in question were not coded under Excel and that Excel had been removed from these policies since they had been transferred to a phantom branch of Manulife, it is doubtful that the commissions were still being paid to Financiere Excel. So Manulife is lying here again)

42. In consequence Manulife does not admit that the applicant has the right to claim directly these commissions.

43. Another difficulty is that the applicant is not in a position to identify all of his clients

44. The applicant through his procurer has provided a list of all of his clients.

45. The analysis of this list allowed Manulife to identify about 30 policies where the applicant is identified as the representative.

46. In this case the commission have already being paid or will continue to be paid to the MGA Excel which is responsible to the applicant for the payment of these commissions.

47. Additional research has permitted to find three additional clients for which Manulife could pay the commissions owed to the MGA Excel

48. To this day, Manulife has been unable to identify other clients of the applicant where commissions would be payable.

For these motives, we ask the tribunal

To maintain the current defense

Reject the request for a provisional injunction and damages and exemplary damages

With all costs

Ogilvy Renault
Procuror of the defendant Manulife

CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
NO:500-17-058610-109

SUPERIOR COURT
CIVIL COURT

CLAUDE CORMIER
Applicant
v.
MANULIFE
Defendant

IN RESPONSE TO THE DEFENDANT MANULIFE, THE APPLICANT STATES:

1. He requests acts of admissions for paragraph 1-3 of the defendant

2. He requests acts of admission done in paragraph 4

3. He denies the allegations in paragraph 6 since the written proof proves the contrary

4. He denies paragraph 7, the defendant Manulife and not the MGA Excel is responsible considering the codes used “Default” for the insurance policies acquired by Manulife from Commercial Union.

MY NOTES: Upon learning that Manulife was lying its way through this legal proceeding, I had to make the decision of doing the right thing. So I contacted the applicant Cormier and shared with him that Manulife had removed his name and the name of Financiere Excel from the policies in question replacing their name with a code “default” and a branch number that did not exist anymore. I gave him a copy of a lapse notice that I was able to save from destruction by Manulife

Email reference orphan
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5. He requests act of admission for paragraph 9

6. In regards to the allegations of paragraph 10 of the defense, he denies it since the president of Manulife admitted that 537 similar letters were sent

MY NOTES: There was 2 blocks of letters. The first block of letters about 250 letters were letters were the status of the representative could be verified as having no license. This included deceased agents, agents having committed fraud and infractions where the regulator had requested that the policy be assigned to another agent, retired agent, corporations (only a physical person can be a representative in Quebec), agents who had changed employment…. The second block of 250 policies was made of policies with a default and unknown agent code and an inexistent branch. Since no agents appeared on the policies, the status of the agent could not be checked. After the letters were sent, I was informed that many agents such as Cormier contacted Manulife and did not know these policies were missing from their block of business and that they had ceased to receive notices and commissions.

7. He doubts of the allegations of paragraph 12 made by Manulife adding that it does not change its responsibility as an employer

8. He denies the allegations of paragraph 13 except for 2 persons

9. He denies allegations of paragraph 15 and repeats its claims made in paragraph 20

10. He ignores the allegations made in paragraph 21, 22, and 23

11. He denies the allegations made in paragraph 24

12. He denies the allegations of paragraph 25 and 26 questioning the pertinence of the statements considering the responsibility of Manulife as an employer of the applicant

13. He ignores the allegations of paragraph 27

14. He denies the allegations of paragraph 32, the president of Manulife having admitted that 537 letters were sent.

15. He denies the allegations of paragraph 33

16. He denies the allegations of paragraph 34

17. In regards to the allegations of paragraph 35, it shows that Manulife was informed of this problem for 5 years and acted with negligence and temerity.

18. He denies the allegations of paragraph 36, 37 and 38

19. He requests acts of admission done in paragraph 39 and 40

20. He denies the allegations of paragraph 41 and 42 in view of the proof

21. He denies the allegations of paragraph 43 adding that the applicant relied on Manulife of not having coded under agent code "Default" and the refusal of Manulife to identify to the applicant the clients under this code which is the caused of the difficulty of the applicant to provide this proof which is also caused by the hidden actions of Manulife and this done in bad faith in order not to pay the commissions due to the applicant

22. As to paragraph 45 it is the fault of Manulife of not having identified and paid commissions on the policies sold by the applicant

23. He denies the allegations of paragraph 46

24. As to the allegations in paragraph 48, the applicant refers the Court to the paragraph 22.

For these motives, we ask the court to welcome this petition:

Paul Biron
Lawyer for the applicant

MANULIFE FINANCIAL

April 19th 2010

Leo Morin
XXXXXXXXXXX
Drummondville, QC
J2B 6V2

SUBJECT: Manulife Financial contract XXXXXX

Mr/Mrs,

This letter concerns the contract that you have subscribed from Manulife Financial. To be more precise, we desire to inform you that based on the registry of the Autorite Marche Financier (AMF) your representative does not hold a license in the discipline of personal life insurance. As a result this representative is not authorized anymore to do the service of your life policy.

If you still have a relationship with your life insurance representative we are requesting that you communicate with him to arrange that a new licensed representative be named to service your policy. If in 30 days of the receipt of this letter, no representative has been nominated, we will proceed in assigning a new representative to you. This new representative will be Groupe conseiller Pro-Vie. The 2 representatives of this firm are Andre Grosso and Eric Grosso and are available at 450-663-8877 to answer your questions. If after 30 days, you did not inform us of your choice for a new representative, one of the representatives of Groupe Conseller Pro-Vie will contact you to solidify this new relationship.

However if you still wish to do so, you can select a new representative by yourself for the moment that the representative you selected has a valid Manulife agent contract. To make the necessary changes, we are asking that you contact our client services at the number below.

If we did not receive any instruction from you in the next 30 days, we will take for granted that you are authorizing us to assign the service of your policy to Groupe Conseller Pro-Vie. You file will be then transferred to their office.

Until then if you need any more information, please contact our client service office at:

Life insurance contract: 1-888- 626-8843
Investment contract: 1-888-353-6776

If you have any further questions, please do not hesitate to contact me.

Best Regards

Richard Proteau B. Sc., FLMI, CLU, RHU, CFP, ACS
Direct Channel

Manulife Financial
Legal Services
Louis-Stephane Rousseau
Associate VP and Legal Advisor
Telephone: 1-514-286-6883
Fax: 1-514-286-6739
Louis-stephane_rousseau@manulife.com

Montreal, May 25th 2010

Me Paul Biron
150 rue marchand suite 202
Drummondville, QC
J2C 4N1

OBJECT: Mister Claude Cormier Injonction and request for damages agaist Manulife

Dear Colleague,

This letter is to confirm that your injunction and request for damages date May 20th 2010 was received by us as of today.

We are also learning as of today of the existence of the letter dated April 19th 2010 sent by Richard Proteau to a client of Mr. Claude Cormier. We desire to inform you that this letter results from the personal initiative of Richard Proteau and that this initiative was not authorized by Manulife and that Richard Proteau does not work at Manulife since April 23rd 2010. As a result, be reassured that this situation will not happen again.

We are trying to secure the list of clients to whom Richard Proteau would have sent this letter prior his departure from the company. Be reassured of our collaboration to correct this situation.

In regards to the commissions, we will proceed to make to necessary verifications and we will answer back in the best time possible

Best Regards

Louis-Stephane Rousseau lawyer, liar and first rate asshole

Manulife Financial

21 Juin 2010

Leo Morin
XXXXXXXXXXX
Drummondville, QC
J2B 6V2

SUBJECT: Manulife Financial contract XXXXXX

We were informed that you have recently received a letter from a representative of Manulife informing you that your advisor did not have his authorizations from the Autorite Marche Financier to exercise his professional activities. This letter should not have been sent, in addition that information was not verified prior the letter being sent. It appears that your advisor Claude Cormier was never suspended or reprimanded by the Autorite Marche Financier of Quebec.

We have the greatest respect for the professional relationship you have with your advisor and we invite you to continue dealing with him to meet your needs in matters relating to financial advice. We request that you accept our sincere apologies for the confusion and inconveniences that this situation has caused you. If you have any questions, in regards to your insurance or investment products with Manulife Financial please do not hesitate to contact your current advisor.

Until then if you need any more information, please contact our client service office at

Life insurance contract: 1-888- 626-8843
Investment contract: 1-888-353-6776

Best Regards

Lester Heldsinger
Vice-president Independent Advisor Channel

MY NOTED: I THEN HAD TO RESEND A LETTER TO THE CLIENTS INVOLVED STATING THAT HELDSINGER AND MANULIFE WERE LYING TO THEM AND THAT MY FIRST LETTER WAS ACCURATE AND AUTHORIZeD BY MANULIFE (this example involves another orphan case with agent Louis Thompson and not Cormier

MR....

SUBJECT: Manulife Financial contract XXXXXX

Following a written letter from me in April 2010, as Associate Vice President and Head of Manulife's Direct Network for Quebec, I informed you that Representative Louis Thompson was no longer a registered representative with the AMF and that I had to assign you a new representative.

You then received a letter on June 21, 2010 from Manulife Independent Advisors Lester Heldsinger, who deliberately provided you with false information about your policy.

Unlike the deceitful statement of Heldsigner, the information that your police was orphaned had been verified by me personally beforehand. Not only did Manulife through Heldsinger lie to you about the status of Thompson, the only Thompson that appears to have existed in the AMF's records is a former agent whom the AMF sued in the Superior Court for acting in As a representative without a license and was sentenced to more than $ 100,000 in fines. How is it possible for Manulife to provide you with information contrary to a Superior Court ruling?

Manulife can do this because of the complicity of the AMF in this great deal with the help of employees like Yan Paquette who left the AMF. Yan Paquette eliminated evidence submitted to the AMF regarding the licensing status of advisors such as Thompson. Yan Paquette in an aberrant decision informed me that my conclusion that Louis Thompson was not licensed was inaccurate and that he was indeed licensed with the AMF against the AMF's own conclusion and conclusion Of the Superior Court.

It must be understood that the existence of orphaned police where Manulife sends you misleading and inaccurate information by asking you to contact Louis Thompson as a representative authorized to give you service is a serious offense. In fact, the AMF often states that these types of offenses jeopardize the entire financial industry. If the law were enforced, Manulife would have to pay millions of dollars in fines and be liable for damages suffered by orphaned clients in the tens of millions of dollars ...

Manulife will not have to pay these fines. Manulife will not have to compensate victims of its illegal activities. Why?

This is because Yan Paquette decided to make everything disappear and protect Manulife. By doing this Yan Paquette has broken the law, possibly committed a criminal offense. Why did he do this? Who told him to do this within the government? It's a good question. This is a question we tried to ask Yan Paquette in the Superior Court but thanks to the influence of the AMF on the judges, Judge April of the Superior Court decided to give immunity to Yan Paquette by saying that " It would not allow us to ask a single question to this one on this subject. Paquette is now working for the Deputy Minister of Justice.

Despite the protection of the judges, we still decided to continue our fight against these illegal practices. We decided to use public opinion and we need your support. If you have suffered damage as a result of the actions of Manulife and AMF, you can go to our website to register a complaint. By registering a plain you will help us build records that will be used in a class action. You can register your complaint

Http://www.consumerights.ca

I apologize again for this late communication to re-establish the facts. If you have any questions or require more information on this subject, you can email me at info@consumerights.ca.

Richard Proteau

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Criminal charges filed against Manulife



In 2017, all the proofs regarding the existence of the orphan clients and criminal actions of Manulife were provided to the Anti-corruption unit of Quebec (UPAC). Here are our criminal accusations:

Summary: In 2010, I reported to the Autorité Marché Financier a fraud over $ 250 million per year committed by Manulife. I gave the AMF documents proving the existence of this fraud. Three months later, Yan Paquette, Director of the AMF, falsified (proven by the proof in hand) and destroyed documents (unproven fact apart from the admission by the AMF that the documents submitted to the AMF concerning this fraud had disappeared.). Yan Paquette's entered into a collusion with Manulife allowing this company to hide this fraud and send false information to orphan clients to reassure them that they had a licensed agent when it was not the case. It is still impossible for me to determine whether Yan Paquette acted individually and what compensation or cooperation he received from Manulife for his services in the forgery of legal documents or whether he acted under the orders of a superior.

Details:

At the end of 2009 / beginning of 2010, Richard Proteau (the complainant) who was the Manulife Sales Director for the Québec Direct Network, was appointed Associate Vice President of this distribution network.

This promotion had the result of putting Richard Proteau in charge of all the operations of this distribution network in Quebec.

However Richard Proteau had many doubts about this promotion because he would have to endorse the changes introduced at Manulife, namely the dismissal of 75% of the employees of this network and the request that the management of this network be made on a PANCANADIAN basis which is impossible to do since the Quebec law on the distribution of financial products and services is unique in Canada. It was clear that to follow Manulife's orders; Richard Proteau would have to conduct the operations of this distribution network in contravention of the law.

To understand how far off the law, he would have to be in order to comply with Manulife's instructions and keep his job, Richard Proteau conducted a review of all the operations of this Network in Quebec. What he discovered was more than 20 years of operations in violation of the law...

In particular, Richard Proteau discovered the existence of insurance policies that had no licensed representatives. He discovered the existence of faxes which were notices of cancellation of the coverage of insurance policies. These notices were sent to a Manulife fax on the 2nd floor of the Manulife tower because the owners of the policies had changed their address and could not receive the lapse notices in question (overdue premiums) which would have allowed them to pay the overdue in order to keep their policy in force. Usually these notices were sent to the agent, but as no agent name of these policies and lapse notices, these notices were simply destroyed, allowing the forfeiture of these policies without the owners being notified; Illegal practice and against the law.

Richard Proteau adopted the position that orphan policies in Quebec were illegal (policies become orphans due to the retirement of the representative, death, change of employment; license is canceled by the AMF ...). Richard Proteau, after review of the law, concluded that representatives without a license could not be appointed as representatives on these policies. THE ORPHANED POLICIES WERE as a result ILLEGAL under the LAW! The Manulife Compliance Department in Quebec came to the same conclusion than Richard Proteau. Toronto, however, was unwilling to accept this conclusion, because Quebec would have had to deal with these policies differently than the English provinces, which was against a Pan-Canadian system that Manulife wanted to adopt.

Manulife after a conference call with Brian Woolley VP and Bob Gloin Director (see recording) agreed to let Richard Proteau proceed with the assignment of these orphan policies to junior representatives under the supervision of senior representatives.

Defining whether a policy is orphaned takes a lot of time because you need to check multiple databases. Checking a policy can take up to 1 hour. Having no more staff in Quebec, Richard Proteau decided to take a shortcut and include 250 policies without agent names in the block of 500 orphaned policies that were to be assigned. Manulife in Toronto was not informed of this by Richard Proteau because Richard Proteau had the authority to make that decision and Richard Proteau would never have thought that these policies should be treated differently. In fact it was urgent to address the existence to the policies because of the unlawful forfeiture of these policies.

After sending 500 letters to orphaned clients saying that they would all have to select a new representative or a new one would be assigned, some clients began to complain (estimated: 100 clients out of 500) that the letter was wrong and that they had a licensed representative.

It was discovered that policies with a unnamed agent did have a licensed representative, and that some the representatives such as Mr. Cormier's had been looking for these policies for a very long time seeking to get paid on the commission owed on these policies while Manulife was giving them false information.

In particular, Richard Proteau discovered the existence of insurance policies that had no licensed representatives. He discovered the existence of faxes which were notices of cancellation of the coverage of insurance policies. These notices were sent to a Manulife fax on the 2nd floor of the Manulife tower because the owners of the policies had changed their address and could not receive the lapse notices in question (overdue premiums) which would have allowed them to pay the overdue in order to keep their policy in force. Usually these notices were sent to the agent, but as no agent name of these policies and lapse notices, these notices were simply destroyed, allowing the forfeiture of these policies without the owners being notified; Illegal practice and against the law.

Richard Proteau adopted the position that orphan policies in Quebec were illegal (policies become orphans due to the retirement of the representative, death, change of employment; license is canceled by the AMF ...). Richard Proteau, after review of the law, concluded that representatives without a license could not be appointed as representatives on these policies. THE ORPHANED POLICIES WERE as a result ILLEGAL under the LAW! The Manulife Compliance Department in Quebec came to the same conclusion than Richard Proteau. Toronto, however, was unwilling to accept this conclusion, because Quebec would have had to deal with these policies differently than the English provinces, which was against a Pan-Canadian system that Manulife wanted to adopt.

Manulife after a conference call with Brian Woolley VP and Bob Gloin Director (see recording) agreed to let Richard Proteau proceed with the assignment of these orphan policies to junior representatives under the supervision of senior representatives.

Defining whether a policy is orphaned takes a lot of time because you need to check multiple databases. Checking a policy can take up to 1 hour. Having no more staff in Quebec, Richard Proteau decided to take a shortcut and include 250 policies without agent names in the block of 500 orphaned policies that were to be assigned. Manulife in Toronto was not informed of this by Richard Proteau because Richard Proteau had the authority to make that decision and Richard Proteau would never have thought that these policies should be treated differently. In fact it was urgent to address the existence of these policies because of the unlawful forfeiture of these policies.

After sending 500 letters to orphaned clients saying that they would all have to select a new representative or a new one would be assigned, some clients began to complain (estimated: 100 clients out of 500) that the letter was wrong and that they had a licensed representative.

It was discovered that some of the policies with a unnamed agent did have a licensed representative, and that some the representatives such as Mr. Cormier's had been looking for these policies for a very long time seeking to get paid on the commission owed on these policies while Manulife was giving them false information.

Taking advantage of the departure of Richard Proteau was absolutely to cover up this because of the risk of a lawsuit, Manulife began to make false statements. To do this, Manulife had to negotiate the AMF's collaboration for the AMF to say that all these orphaned policies were not orphans and that these police had a dismissed representative who appeared on the police.

Fortunately Richard Proteau had saved some documents that proved the contrary such as copies of notices of lapse of fonts without name of representatives and he submitted this to the AMF. Until now Richard Proteau thought that these fonts without names of representatives owed their existence to errors. But now it was clear that the name of the representatives had been deliberately removed to increase the disqualifications.

The AMF, through a decision made by Yan Paquette (decision kept secret from the public secret but communicated to Manulife and Richard Proteau) issued a decision stating that these policies were not orphaned and all had a licensed representative appearing on the these policies. Richard Proteau was never contacted or questioned by Paquete about the existence of the lapse notices which clearly demonstrated that no representatives were assigned to these policies.

The actions of the AMF and its collusion with Manulife allowed Manulife to send a letter to the 500 orphaned clients saying that Richard Proteau had lied when they informed them that they had no representatives.

Following this, after legal action against the AMF, Richard Proteau forced the AMF to interpret the law in relation to the existence of orphan policies. The AMF issued a statement in Quebec saying that the existence of such policies was illegal and that if a representative had no license, insurers were obliged by law to assign these policies to licensed representatives. So according to this release; Richard Proteau had acted legally. All that remained to be done was to determine whether the 500 policies in question were not orphaned as Yan Paquette had stated. This was not easy to do because the AMF refused to disclose information from its investigation that these investigations were confidential and extended this privacy protection to Manulife, which also refused to prove by evidence that these policies were not orphaned .

On the other hand, Richard Proteau was able to rebuild a part of the list of 500 orphaned clients, or 250 of these clients. He was stunned because he found. Not only did all 250 clients have no representatives, contrary to what Yan Paquette had stated in a legal document; But some of these clients had been sanctioned by Yan Paquette himself or in his sanction, Yan Paquette himself canceled the representative's license for life and gave the agent 30 days to transfer the policies to a licensed representative if not the insurer to do.

By assigning these orphaned policies Richard Proteau followed Yan Paquette's instructions, but the latter in order to protect Manulife suddenly said that these representatives had a license because he thought that Richard Proteau was unable to trace these orphaned clients and to prove this Fraud by Yan Paquette and Manulife. Some of these non-licensed representatives whom Paquette said had a license had been found guilty in the Superior Court of Quebec for selling unlicensed insurance and sanctioned for hundreds of thousands of dollars.

Conclusion:

Considering that the Manulife offices in Quebec received on average 10 notices of disqualification without agent names per week; Considering that the death benefit of the policies was in the average of $ 100,000, the forfeiture of these policies without the client being aware of it represented fraud of $ 1,000,000 (or $ 50 million per year) per week for elderly clients. Depending on the time this stratagem was used (a minimum of 5 years) we are talking about $ 250 million and more. In addition, we must add all unpaid service fees to the representatives. It is hard to say what is the value of these corn commissions or can be said that it is at least 1% of lapses ie $ 500,000 per year.

Did Yan Paquette act alone in his collusion with Manulife or did he execute any orders he had received? Did he act to secure an advantage such as Manulife's collaboration in another file or a representative suing the AMF because of Yan Paquette's actions? Was he acting to protect the AMF, which was already a guarantor of the Cormier action that was now suing Manulife, which meant that the AMF could become liable for all disqualifications by its refusal to intervene over the years In the orphaned police files despite the repeated requests of representatives in Quebec? Only a criminal investigation can answer these questions.

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Nicolino Altieri: An example of Manulife fraud and infraction..



When I became the Associate Vice President of Manulife; the person responsible for the operations of Manulife Direct Channel in Quebec; I should have been filled with joy. I had work more than 20 years to reach this point. Instead I was worried and unhappy with this promotion. So far I had been the Director of Sales for the Direct Channel in Quebec and as a result my only authority was on new sales. Now I was becoming responsible for all of the operations of Manulife in regards to new and existing business.

Having stumbled across the lapse notices that were sent to inexistent Manulife branches and where no name of agents existed, I knew something was wrong. So I decided to conduct an audit of the Direct Channel in Quebec.

As part of this audit, I pulled the policies of an inforce block of business on a random basis. The block of business was under the name of Nicolino-Pio Altieri. He had a block of about 250 policies with Manulife with a combined cash value of more than $1.7 million dollars.

I went on the AMF site and entered the name of Nicolino Altieri and he did not show up as a licensed agent. That was interesting so I decided to call him to see how his clients were getting any service. This was in 2009. When I talked to Altieri who was not happy to receive a call from me in regards to his block of policies, I asked him after he confirmed to me he was not licensed:

“Do you have an agreement with another licensed agent to provide service to this block of clients?”

“No,” he said.

“So how are your clients getting service?”

This is when he admitted something that would send me shivers.

“The clients call me and I call Manulife to get the information and make the changes that are needed.”

“But you have no contract with Manulife,” I replied. “This means you have no access to our service platform inforep, so who are you calling at Manulife?”

“I call Manulife client services,” he answered.

“And Manulife clients services provides you the support for you to service your clients, is this right?”

Sensing I did not think this was right our conversation became less than friendly. Basically he told me this was none of my business.

However I knew there was a real problem. Manulife was actively and knowingly helping unlicensed individuals in providing service to Manulife policy owners. Whether the individual had been previously licensed this was illegal.

These blocks of policies were coded under Manulife branches that did not exist showing MY address and office number. I was suite 200 at Manulife.

This was only the tip of the iceberg. What my audit uncovered was more than 15 years of mismagement and infractions committed under the management of a Manulife employee named Guy Couture who still works at Manulife today.

I knew I could not take the channel over and I could not stay silent. I knew then this was putting me in a collision course with Manulife. Manulife was going to do everything in its power to destroy me. Was I afraid? Yes and no. I had faith in the law and therefore I believed the AMF/Government of Quebec would protect me. I was so wrong… Instead the AMF destroyed all of the evidence and buried the whole affair. Why? The answer is simple. With Montreal struggling to keep financial jobs, Quebec needed to keep Manulife happy and needed to show that Quebec was a place friendly to businesses even if this meant allowing these businesses to break the law.

Altieri Block of Business
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Altieri Block of Business
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Altieri Block of Business
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Toxic life insurance and orphan policies



The purpose of a business is to make profits. The purpose of executives is to create and implement the strategies necessary to maximize the profit. As a result, under the protection of the corporative legal umbrella, it is easy for executives to cross a line where they will be breaking the law; committing infractions to make more profits or to protect the profit margins of the company.

There is no better example than the insurance industry. Insurance companies and their executives have engaged in many fraudulent activities protected by the network of political relationships they have established through their incessant lobbying activities with the government.

The fraudulent activities in the insurance industry has been fueled by the existence of toxic assets owned by life insurance companies which are certain life insurance policies that were priced under very aggressive assumptions. The existence of these toxic life insurance policies have defined the insurance industry in Canada and explains why we have no life settlement industry in Canada when one exists in the USA. It explains the existence of the orphan policies. The point is simple. For the insurance companies to get rid of these toxic life policies, they must lapse. If service on these policies can be prevented by not having a licensed agent to service these policies, then there is a greater likelihood that the policy owner will forget to do something and lose a benefit or lapse the policy…

The existence of these toxic life policies has been established by the Canadian government. Superintendant Julie Dickson, Office of Superintendant of Financial Institutions Canada confirmed during her delivery of a presentation on the “Challenges in the life insurance industry” on November 8, 2010, the existence of toxic products in the life insurance industry. This comment was made at the 2010 Life Insurance Invitational Forum. She said as an introduction:

“I have attended this conference on several occasions in the past and one that I remember particularly well was in November 2005. There was a session on the history of toxic products in Canada. A reinsurer provided all the gory details. He said that the first major Canadian insurance industry toxic product was “Term to 100”, offered in the 1980s. This product was a great idea at the time, but the problem was that early years’ premiums far exceeded expected claims, and later years premiums were far less than claims.”

But Julie Dickson failed to ask how life insurance companies managed these products. This is not intentional. Her federal role is to ensure the solvency of insurance companies. Commercial practices of life insurance companies fall under provincial jurisdictions and she continued her presentation about how insurance companies’ capital requirements would change in the future to deal with this issue.

How did insurance companies manage those toxic assets?

Julie Dickson made another comment that we have to carefully study.

“The industry had assumed that lapses would be the same as with other products, and they were not – the educated guesses turned out to be horribly wrong and the consumer response was more sophisticated than expected.”

In confirming the existence of the toxic products, Julie Dickson tells us that the amount of the liabilities associated with these toxic products are yet to be determined and will depend on the behavior and sophistication of the consumer response.

Are insurance companies manipulating the sophistication of consumer response?

The sophistication of the consumer response is directly linked to the access to information, access to service and access to an advisor. Is this why insurance companies have adopted and protected a service model that is extremely poor? Is this why all commissions are paid up front? Advisors don't want to hear these questions but they can't be ignored.

One strategy of the insurers to reduce access to service is to create orphan policies. (Without a licensed servicing advisor), and therefore, through this strategy, they have been able to increase the lapse rates on these toxic products and decrease their financial exposure or liabilities.

I can tell you as an executive of 25 years in the life insurance industry, with the demutualization, many CEO of insurance companies promised their shareholders to deliver returns on equity that were on par with the banks. This could not be achieved if the problem of these toxic products was not resolved through the use of questionable commercial practices and fraud.

Orphan policies should not exist based on provincial laws but insurance companies have ignored these laws for 40 years and the regulators have failed to act. If provinces do have not the strength to apply their laws maybe this demonstrates why we need one Superintendant of insurance at the federal level and only one Insurance law across Canada.

Julie Dickson then said:

“He then talked about segregated fund guarantee risk and the market crash of the early 2000s (the main challenge being predicting the market).”

In other word the insurance industry is again facing toxic products but this time it involves segregated funds. The history is repeating itself because there are no consequences for insurance companies are committing fraud. The level of financial exposure faced by life insurance companies in relation to these new toxic products will also depend on the sophistication of consumer response and access to information.

It is unbelievable that current provincial laws specifically exclude the disclosure of the value of segregated funds guarantees to the client prior their transfer to another investment. There are no obligations to inform the clients of what he will be losing. NO DISCLOSURED IS REQUIRED!!!

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Orphan Policies and provincial regulators



We have approached all of the regulators in reference to the existence of the orphan policies, pointing to the regulators that the existence of the policies were illegal and constituted grave infractions. All regulators refused to answer our inquiries.

Here is our inquiry sent to the New Brunswick regulator.

From: Lafortune, Pauline (CAI-DMA) Sent: 2 juillet 2013 11:58 To: Godin, Sandra (CAI-DMA); Godin, Ronald (CAI-DMA); Ramsay, Anne-Marie (CAI-DMA) Subject: FW: orphan policies

From: Richard Proteau [mailto:richard_proteau@yahoo.com] Sent: 1 juillet 2013 21:10 To: Lafortune, Pauline (CAI-DMA) Subject: orphan policies

Dear Consumer Advocate for Insurance,

You will find attach a press release in regards to a recent Notice published by the Autorite des Marches Financiers advising insurers and advisors that the existence of orphan policies in the insurance industry of this province is a violation of several laws in this province.

I have reviewed the Insurance Act of New Brunswick, and my conclusion is that the same violations are occurring in New Brunswick. Below you will find the statutes of the Insurance Act about the subject matter.

Please note that I have proofs, having in my possession faxed lapse notices from Manulife that the existence of the orphan policies constitutes an inducement to lapse and surrender of policies. The fact that policyowners of orphan policies receive annual reports telling them to contact unlicensed agents for information creates the idea with these customers that a licensed agent is taking care of their policy when this is not the case. It promotes lapses and target old age policy owners who are not mentally apt to manage their policies.

I am available for any questions you may have. Richard Proteau

From: "Godin, Ronald (CAI-DMA)" To:"'Richard_proteau@yahoo.com'" Cc: "Godin, Sandra (CAI-DMA)" ; "Ramsay, Anne-Marie (CAI-DMA)" Sent: Thursday, July 11, 2013 2:49:07 PM Subject: FW: orphan policies Mr. Proteau….I have forwarded your email messages to Mr. David Weir, Deputy Superintendant of Insurance for the Province of NB. This matter is not within our mandate but rather within the mandate of the office in question or the new Financial and Consumer Services Commission of NB. Ronald Godin Consumer Advocate for Insurance Défenseur du consommateur en matière d'assurances

Ronald Godin Consumer Advocate for Insurance Défenseur du consommateur en matière d'assurances From: Richard Proteau [mailto:richard_proteau@yahoo.com] Sent: 14 juillet 2013 3:13 To: Godin, Ronald (CAI-DMA) Subject: Re: orphan policies Hi Mr. Godin, I aknowledge your message. Please note I have studied carefully the Consumer Advocate Act. Section 9(3) If the Consumer Advocate refuses to investigate or ceases to investigate any complaint, the Consumer Advocate shall advise the complainant and provide reasons for the decision to do so. Sadly while you explain that this does not fall within your mandate you do not provide any reasons. To be specific since I do not believe my complaint is frivolous, the only reason left is that after studying what I have sent you have determined that my complaints was about violations of the Insurance Act and therefore under : 9(9) Notwithstanding subsection (7), where during the course of an investigation the Consumer Advocate reasonably believes the insurer, broker or agent has violated any prohibition or failed to comply with the requirements of the Insurance Act, the Consumer Advocate shall (a) suspend the investigation and refer the matter to the Superintendent, or (b) complete the investigation and communicate to the Superintendent the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations. Has my complaint being referred under section 9(9) thank you for confirming Regards Richard Proteau

Godin, Ronald (CAI-DMA) To me Jul 15, 2013 Your complaint has been referred directly to the Office of the Superintendant of Insurance for NB. Ronald Godin Consumer Advocate for Insurance

Statutes of the Insurance Act in question:

351. No person shall act or offer or undertake to act or represent himself as an insurance agent, broker, adjuster or damage appraiser in this Province unless he holds a subsisting licence issued under this Act or is otherwise authorized to do so under this Act.

362Any person who not being duly licensed as an agent, broker, adjuster or damage appraiser represents or holds himself out to the public as being such an agent, broker, adjuster or damage appraiser or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods or, being duly licensed as such agent, broker, adjuster or damage appraiser advertises as aforesaid or carries on such business in any other name than that stated in the licence is guilty of an offence. 1968, c.6, s.359; 1976, c.34, s.10.

368(1)No insurer licensed under this Act, and no officer, agent or employee of such an insurer, and no insurance agent or broker authorized under this Act, shall directly or indirectly, pay or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person for acting or attempting or assuming to act as an insurance agent or broker in respect of insurance in the Province or for having or claiming or appearing to have any influence or control over the insured or prospect for insurance unless that person holds at the time a subsisting insurance agent’s or broker’s licence or is a person acting under the authority of subsection 352(15), (16), (17) or (18).

369(1)Any person licensed as an agent for life insurance under this Act who induces, directly or indirectly, an insured to lapse, forfeit or surrender for cash, or for paid up or extended insurance,or for other valuable consideration, his contract of life insurance with one insurer in order to effect a contract of life insurance with another insurer, or makes any false or misleading statement or representation in the solicitation or negotiation of insurance, or coerces or proposes, directly or indirectly, to coerce a prospective buyer of life insurance through the influence of a business or a professional relationship or otherwise, to give a preference in respect to the placing of life insurance which would not be otherwise given in the effecting of a life insurance contract, is guilty of an offence.

369.2No person shall engage in any unfair or deceptive act or practice in the business of insurance. 1980, c.27, s.9. No compensation except to licensee

39 (1) No insurer, and no licensed agent shall, directly or indirectly, pay, or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person in respect of the effecting or negotiating or placing of any contract or renewal thereof unless that person holds a license that is in force under this Part. Inducing policyholder to lapse or surrender 43 No person shall, by means of a false or misleading representation, procure or induce, or attempt to procure or induce any person to forfeit, lapse or surrender a policy. R.S., c. 231, s. 43.

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AMF Notice reference orphan policies



THis is the link to the notice published by the AMF declaring the existence of orphan policies illegal

AMF NOTICE ×

Consumer Advisory: Orphan policies/Manulife and Commercial Union policies




We are advising the public, in particular those consumers who have older parents that may have purchased a life insurance policy a long time ago to be on guard against an illegal cancellation of these policies by insurers.

Orphan policies are those policies which have no licensed agents/representatives to look after their service and where the insurers give the impression that the agent/representative (referred as the servicing agent) showing on the annual report and other communications is licensed and active when it is not the case. Consumers have the impression that someone is looking after their policy when it is not the case. This leads often to the cancellation of the policy in question.

In Quebec, we have gone to Court seeking an injunction and sanctions against Manulife which we believe is the insurance company which has the most orphan policies and certainly uses the most questionable commercial practices in regards to orphan policies. While the administrative court (Bureau decision et revision) has rejected our demands on the basis it did not have the competency to go after Manulife in order to meet its mandate of protecting the public, our legal initiative has forced the regulator, the AMF, to declared illegal all orphan policies in the province of Quebec while confirming that the Manulife treatment of these orphan policies constituted infractions. However the AMF refused to go further by demanding sanctions against Manulife. No other regulators have followed the decision of the AMF.

In regards to Commercial Union policies, we are advising those who own these policies or those who have family who own these policies to be particularly vigilant. We have proof that Manulife removed the name of agents from these policies. This mean that lapse notices were not acted upon when sent out, if they were sent out at all, for many possible reasons such as a change of address. These lapse notices were instead destroyed. We are currently talking to consumers who are looking for their Commercial Union policies and who have been told by Manulife that no information can be found on their policies. This supports the evidence we have of the destruction of these lapse notices and the resulting consequences.

“Personally I have received a “mise en demeure” from Manulife in my attempt to rectify false information that was provided to 500 orphan policies. Manulife, using my name and attacking my reputation informed these 500 orphan clients that my communications to them, informing them that no one was looking after their policy because the listed agent was not licensed, or was dead… was false which is clearly a lie on the part of Manulife. Now the cat is out of the bag, Manulife wants me to keep quiet and keep this confidential. I refuse to become associated through my silence with the infractions of Manulife,” stated Richard Proteau. He intends to publish the “mise en demeure” of Manulife with a very public response. “Manulife can sue me all it wants. It will only provides me more ammunitions to support my claims as Manulife will be forced to provide full disclosure…”

In the end, there is nothing worse than to see consumers that have paid for their policies for twenty years or more being denied their life insurance through infractions committed by Manulife or other insurers

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Letter to Manulife Orphan Clients



This is an exemple of a letter sent to Orphan clients of Manulife informing them they were the victims of fraud by Manulife

Following a written letter from me in April 2010, as Associate Vice President and Manulife Direct Network Manager for Quebec, I informed you that the representative Louis Thompson was no longer a registered representative with the AMF and that I had to assign you a new representative.

You then received a letter on June 21, 2010 from Manulife Vice President of the Independant Advisor Channel Lester Heldsinger who deliberately provided you with false information about your policy.

Contrary to the deceitful statements made by Heldsigner, the information that your police was orphaned had been verified by me personally beforehand. Not only did Manulife through Heldsinger lie to you about the statute of Thompson, the only Thompson that appears to have existed in the AMF's records is a former agent whom the AMF sued in the Superior Court of Quebec for having acted in as a representative without a license and was sentenced to more than $ 100,000 in fines. How is it possible for Manulife to provide you with information contrary to a Superior Court ruling?

Manulife can do this because of the complicity of the AMF in this great fraud with the help of employees like Yan Paquette who left the AMF. Yan Paquette eliminated evidence submitted to the AMF regarding the licensing status of advisors such as Thompson. Yan Paquette in an aberrant decision informed me that my conclusion that Louis Thompson was not licensed was inaccurate and that he was indeed licensed with the AMF and this against the AMF's own conclusion and representations made in the Superior Court of Quebec.

It must be understood that the existence of the orphaned police where Manulife sends you misleading and inaccurate information by asking you to contact Louis Thompson as a representative authorized to give you service is a serious offense. In fact, the AMF often states that these types of offenses jeopardize the entire financial industry. If the law were applied, Manulife would have to pay millions of dollars in fines and be liable for damages suffered by orphaned clients in the tens of millions of dollars

Manulife will not have to pay these fines. Manulife will not have to compensate victims of its illegal activities. Why? Because Yan Paquette decided to make everything disappear in order to protect Manulife. By doing this Yan Paquette has broken the law, possibly committed a criminal offense. Why did he do this? Who told him to do this within the government? It's a good question. This is a question we tried to ask Yan Paquette in the Superior Court but thanks to the influence of the AMF on the judges, Judge April of the Superior Court decided to give immunity to Yan Paquette by saying that " it would not allow us to ask a single question on this subject. Paquette is now working for the Deputy Minister of Justice.

Despite the protection of these judges, we still decided to continue our fight against these illegal practices. We have decided to use public opinion and we need your support. If you have suffered damage as a result of the actions of Manulife and AMF, you can go to our website to register a complaint. By registering a plain you will help us build records that will be used in a class action. You can register your complaint http://www.consumerights.ca/database.html

I apologize again for this late communication to re-establish the facts. If you have any questions or require more information on this subject, you can email me at info@consumerights.ca.

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