INVESTMENT IN NET INSURANCE BENEFITS | (5) INVESTMENT IN NET INSURANCE BENEFITS Investment in NIBs for the fiscal year ended March 31, 2016, and 2015 were as follows: March 31, 2016 March 31, 2015 Beginning Balance $ 22,544,635 $ 12,243,411 Transfers from Advance for Investment in NIBs 3,368,380 - Accretion of interest income 3,909,171 2,454,478 Additional purchases - 7,846,746 Distributions of investments - - Impairment of investments - - Total $ 29,822,186 $ 22,544,635 As explained in Note 6, the Company transferred $3,368,380 from advance for investment in NIBs into investment in NIBs on September 30, 2015. During March 2015, the Company agreed to pay cash, issue common stock and forgive a note receivable in exchange for relief of a note payable and the receipts of NIBs. The net consideration given for the NIBs totaled $7,846,746 (see Notes 11 and 15). The estimated fair value of the Company’s investment in NIBs approximated carrying value at March 31, 2016, with fair value calculated using level 3 inputs as there is little observable market data available and management is required to use significant judgment in its estimates. The table below describes the underlying life insurance policies relating to our investment in NIBs at March 31, 2016, with an adjustment made to reduce the Life Expectancies by the number of months since the last Life Expectancy report Adjusted Life Expectancies** (in years) Number of Interests in Life Settlement Contracts Face Value of Underlying Policies 0-1 4 $ 26,611,111 1-2 5 7,975,000 2-3 7 36,111,111 3-4 8 37,444,444 4-5 12 59,444,444 Thereafter 37 230,012,289 Total of all policies 72 $ 397,598,400 ** The Life Expectancy ("LE") input is the 70%/30% weighted average of two LEs available at the time of the original creation of the NIB portfolio. The Adjusted Life Expectancy is an unofficial calculation that simply reduces the original LE by the number of months since the last LE report. It should be noted that the insured’s health, medical conditions and other considerations may have changed since the LE report, so that the Adjusted LE is simply an estimate. These LEs were produced by third-party life expectancy companies and represent the actuarial mean of how long an individual is expected to live. The number is a calculation done with the LE provider's proprietary statistical model that is typically based on individualized mortality curves for each life factoring in the insured's gender, age, health and family history, medical conditions, and other considerations. In purchasing, financing or insuring life insurance policies or NIBs, we may use alternate life expectancy companies or may use weighted averages of two or more life expectancy companies, depending on the facts and circumstances of the case and requirements of the various counterparties. The life expectancy report is just an estimate, as the life expectancy of any individual cannot be known with absolute certainty. The original face value of the underlying life insurance policies was $412,820,622. This value takes into account the approximately 72.2% of the NIBs associated with a portfolio of life settlement policies having a face value that originally totaled $94,000,000 (see Note 6). One policy matured during March 2014, totaling $8,000,000. Another policy with a face value of $10,000,000 matured during June 2015, of which value approximately 72.2% was apportioned to the Company. The remaining $397,598,400 represents the total insurance settlement on the life insurance policies as of March 31, 2016, including the estimated future increase for certain policies that have return of premium provisions. Effectively, as of March 31, 2016, the policy holders had paid $106,107,649 on policy premiums and other expenses on the insurance contracts. The policy holders are independent of the Company, and as separate entities there is a risk that such entities might not continue to pay the policy premiums and other expenses as has been done historically. The Company monitors the policy holders’ ability to maintain the underlying policies, and in the event the policy holders are unable to make the required payments, the Company would evaluate whether to directly maintain the underlying policies through the policy holders or allow them to elapse. The policy holders currently have senior loan agreements and MRI reinsurance to cover these payments. As of March 31, 2016, none of the underlying policies have elapsed and the required payments remain current. The table below describes the future estimated premiums payments, other expenses and interest paid by external parties expected to be paid on the policies for the five years subsequent to March 31, 2016. Significant estimates are made as part of the calculation of the premium payments, other expenses and interest amounts identified in the table below. The following table only includes the percentage of the future estimated premium payments, other expenses and interest relating to the portfolio of which the Company only has partially owned NIBs. The following table does not include all of the estimation factors used by the Company in estimating expected net cash receipts for interest income calculation purposes, and is intended to only provide the estimated premium payments, other expenses and interest amounts related to the policies underlying the Company’s NIBs (totals do not include premiums, expenses and interest paid for prior years): Year Premiums Expenses + Interest Total Year 1 $ 13,233,777 $ 8,853,594 $ 22,087,371 Year 2 13,491,946 9,195,850 22,687,796 Year 3 15,064,136 8,639,077 23,703,213 Year 4 14,602,792 7,345,242 21,948,034 Year 5 14,264,110 7,442,259 21,706,369 Thereafter 35,907,837 28,949,802 64,857,639 Total $ 106,564,598 $ 70,425,824 $ 176,990,422 The projected premiums, interest and expenses were created using the expected remaining life expectancies on the policies and other key assumptions. The expenses and interest calculations were based on the interest rates on the loans to the holders of the policies, current reinsurance interest rates, origination fees, servicing fees and other custodial fees expected during the life of the investment. The lender for the holders of the policies provides the loans at a high rate of interest and loan payments are guaranteed by the MRI or reinsurance coverage. The policy holders receive ongoing fees and a percentage of death benefits when a policy matures which we included in the estimated expenses. The Company receives cash flows from its investments in NIBs after all other loan balances, costs and expenses are paid. During July 2015, a group of persons located in the United States (the “Purchasers”) acquired the entities that owned all of the portfolios of life insurance contracts underlying the Company’s NIBs. The Purchasers have also agreed to amend the NIBs agreements to provide greater disclosure to the Company and limit permitted expenses to be paid prior to payments to the NIB holders, pending certain regulatory and tax approvals. In connection with this purchase, the Purchasers and the respective owners of these portfolios entered into a Settlement Agreement releasing such owners and their managers from liability related to their ownership and management of the entities that owned the respective portfolios of life insurance contracts. The Purchasers further required releases from the Company and the payment of certain accrued expenses. Accordingly, effective as of July 17, 2015, the Purchasers acquired all of the ownership interests in the entities that owned all of the portfolios of life insurance contracts underlying the Company’s NIBs from their prior owners and executed a Settlement Agreement with such owners and the Company in relation to these matters. The NIBs amendments are in process, and the Company believes the NIBs amendments will be in effect before calendar year end 2016. The Company and Purchasers agreed to indemnify the prior owners of such portfolios against future claims in connection with the issuance of the NIBs or their ownership or management of the entities sold, based on actions that occurred prior to this sale to the Purchasers. During the year ended March 31, 2016, the Company paid an $826,665 obligation related to the ownership change, which is recorded in General and Administrative Expenses. Management of the Company is presently not aware of the existence of any additional payments owed. Neither the purchase of these entities nor the Settlement Agreement resulted in any material change in our NIBs ownership interest. The Company was supportive of the Purchasers acquiring the entities that owned the portfolios of life insurance contracts underlying the Company’s NIBs and was willing to provide the indemnification because it believes this ownership change will result in a reduction of costs and expenses associated with ownership of the NIBs, which should increase their intrinsic value. |