Court rules for Wachovia in Jim French trust case [Milwaukee Journal Sentinel] - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
July 19, 2013 Newswires
Share
Share
Post
Email

Court rules for Wachovia in Jim French trust case [Milwaukee Journal Sentinel]

Bruce Vielmetti, Milwaukee Journal Sentinel
By Bruce Vielmetti, Milwaukee Journal Sentinel
McClatchy-Tribune Information Services

July 19--It may have been a self-dealing conflict of interest for a trustee bank to sell life insurance policies and buy new ones from its own affiliate -- and make a $512,000 commission -- but it was expressly allowed by a trust set up for a Sheboygan multimillionaire, a federal appeals court has ruled.

The opinion, by Judge Diane Sykes, offers a fascinating glimpse into the financial life of the very well-to-do, where even the best lawyers and consultants can't always make everyone happy.

Jim French became that multimillionaire when he sold J.L. French Co., a manufacturer of engine parts, for $200 million in 1996. He and his wife cleared over $100 million; his four children, the other stockholders in the closely held company, each made $17 million, according to the opinion released Wednesday.

In planning his estate to benefit his children upon his death, he set up two interlocking irrevocable trusts. Over the years, he wound up changing trustees a couple times.

When Wachovia Bank took over, it opted to dump some whole life insurance and get much cheaper policies with the same death benefit, while saving $620,000 in premium costs. The bank used a Wachovia broker, and made the commission.

French's four children felt Wachovia breached its duty of loyalty by reinvesting trust assets through its insurance affiliate and getting the big commission.

But as the 7th Circuit Court of Appeals said, "Under the terms of the trust instrument, Wachovia had broad discretion to invest trust property without regard to conflicts of interest, risk, lack of diversification, or unproductivity. This language overrides the common-law prohibition against self-dealing and displaces the prudent-investor rule."

Sykes further explains that the insurance swap really did make more sense for the trust anyway. Because Jim French and his children were already wealthy, no one anticipated ever cashing out the old, more expensive policies for accumulated cash value, an option not available with the new, cheaper policies, which still paid the same $5 million each on Jim French's death.

Wachovia not only got a $512,000 commission on surrendering the old policies, it was entitled to 2% of the premiums on the new policies for the first 10 years.

"No one disputes that this commission, though sizable, is consistent with industry standards," Sykes wrote. But it irked the French family enough to sue Wachovia.

Now though, they not only lost the case (a second time, as the 7th Circuit was affirming the finding of the district court), they're on the hook for Wachovia's attorney fees and costs, which far exceed the $512,000 commission earned by Wachovia.

The fees were set at $675,174 in 2011. Other costs could push the final figure over $700,000.

___

(c)2013 the Milwaukee Journal Sentinel

Visit the Milwaukee Journal Sentinel at www.jsonline.com

Distributed by MCT Information Services

Wordcount:  466

Older

Judge questions how activist Robert Davis will pay $40,000 judgment [Detroit Free Press]

Advisor News

  • Americans aren’t turning retirement plans into action, LIMRA finds
  • Ashley Hinson ‘death tax’ story collides with truth
  • How advisors can prepare clients for an uncertain retirement landscape
  • Investors aren’t waiting out uncertainty
  • Transamerica and Advo(k)ate Advisors launch pooled employer plan
More Advisor News

Annuity News

  • Corebridge annuity sales slip ahead of Equitable marriage
  • California teachers settle class-action lawsuit over in-plan annuity fees
  • Jackson Financial CEO caps 40-year career with blockbuster Q2
  • Lumos Insurance introduces the Immediate Care Plan to help families fund long-term care
  • NAIC regulators begin consensus phase on annuity illustration overhaul
More Annuity News

Health/Employee Benefits News

  • Endorsing Janoo
  • Ashley Hinson unveils insurance transparency bill amid scrutiny of her health care record
  • Why Gen Z turns everything – even murder – into a joke
  • Ashley Hinson unveils insurance transparency bill amid scrutiny of her health care record
  • 3 summer sales habits that build next year’s pipeline
More Health/Employee Benefits News

Life Insurance News

  • Indiana eyes more oversight of insurance companies' exposure to private credit
  • HEALEY-DRISCOLL ADMINISTRATION RETURNS $14.5 MILLION TO HEALTH AND DENTAL INSURANCE CONSUMERS AND BUSINESSES
  • ‘Uniquely positioned’: Equitable outlines future post-Corebridge merger
  • Don't keep checks with clerical errors
  • The insurance distributor that builds its own software will win the next decade
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Royal Neighbors Unveils Its 2026 Scholarship Recipients 2026 Royal Neighbors Scholars Making a Difference Across the Country
  • Ibexis Announces Expanded Bank Relationships and New Index Options for FIA Plus® and WealthDefender® Series
  • Agent Review Launches Video AI Identity Verification to Help Protect Insurance Professionals, Consumers and Public Trust
  • Prosperity Life GroupSM Launches Prosperity PathWaySM Series, Bringing Greater Choice and Flexibility to Retirement Income Planning
  • Senior Market Sales® Fortifies Annuity Reach With Acquisition of Retirement Planning Firm Stratton & Company
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet