I haven't read the specifics of both contracts; however, I know that the language for NA isBoth companies are owned by sammons, so the reversal rules I believe are the same on both products, no?
I was only comparing North Americans product to midlands....not saying anything about the chargeback policies/rules...again I believe they are the same.
I am admittedly biased here as I am not a fan of the NA bga distribution structure. I like being able to call the underwriters whenever I need to speak to them
, which midland offers. NA will not allow agents to speak to underwriters in my experience and everything has to go through the bga middleman.
(my emphasis)For cancellations by North American, there is a 100% commission chargeback throughout the entire surrender charge period of the contract. In addition and not limited by the forgoing, North American reserves the right to chargeback commissions at any time, in its sole discretion, pursuant to paragraphs 7 and 9 of the agent contract, which are expressly incorporated herein
That's WAAAYYY open ended and is very one sided. If a company's policy was to only chargeback when there was evidence of agent misconduct then the average agent could feel safe IF they have complied with ethical business practices. NA (and Midland); however, have used this broad latitude to make a profit on the business they get sued for.
They issue the annuities, get sued, drag out the litigation for YEARS, and then refund all of the policy premiums plus a modest amount of interest. They actually earn four or five percent more interest per year than they actually return to the policy holder.
They could make money from this scheme, alone, but they maximize their profits by charging back ALL (or almost all) the agents regardless of whether they sold the annuity the right way or not.
One other thing about Midland. Hope that your customer never Googles "Midland National Life" reputation. It's NOT a pretty picture.