PAGE 16 Q-Notes T January 1996 JEFFREY GRANT KOENIG ATTORNEY and COUNSELLOR-AT-LAW SUITE 400 1130 EAST THIRD ST. CHARLOTTE, NC 28204-2624 (704) 335-5471 Viatical hearing Continued from page 1 be able to sell her policy whether she believes the settlement offers are acceptable or not. Tony Britt, a Charlottean living with AIDS who sold his policy in mid-October, believes that the viatical process works fine just the way it is. He was able to secure a 68 percent payout rate for his policy even though his health prognosis was very good. In fact, his health was so good that his insurance com pany initially balked at the sale. “When [I] decided to sell my policy, I applied to four companies and three responded. Once word was out that I wanted to sell, I got bombarded with calls. Almost every day someone was calling me about it. I went with the company I did because their representative was the best. He was always courteous, he answered every question I asked him and he always returned my phone calls.” Arrangements between viaticals and indi viduals shouldn’t be the government’s con cern Britt says. “It’s your own business. You should be able to sell for 25 percent if you Thinking of buying a home? Not sure it's the right choice? Call for my free Homebuyer's Workbook, You'll discover what's right for you. Serving the Chapel Hill and Durham area. Housing our Community One client at a time. JoEllen Mason, REALTOR® Brock & Hall Real Estate 311W, Rosemary St, Chapel Hill, NC 27516 Office: (919) 933-8500 Toll Free: (800) 382-0673 E-Mail: brockhall@aol.com Look for us on the Internet! http://www,realestate.chapel-hill.nc,us/realestate want to. I believe that having control is one of the most important aspects in the life of a person with AIDS. Being independent keeps you motivated and helps to maintain a sense of pride.” Tom Hamby, a supervisor in the Insurance Department’s Life and Health division, says that the state’s purpose isn’t to squelch settle ment transactions, merely regulate them. “The Department’s actions are not to hinder the operations of viaticals; we think they provide an important option. We are not interested in curtailing activity — we just want to make sure that consumers receive fair settlements.” Players on all sides of this issue agree that fair payouts are important — the divergence stems from attempts to mandate such equity. Individual Benefits, a three-year-old viatical settlement company in Greensboro, is among the nation’s top ten viaticals and is the only one based in the state. Its president, Ramon Vicente, says that free market compe tition is the best way to ensure high returns for viators. “Competition has been very good for the viatical industry. Now that there are many companies available to consumers, everyone has to offer good payouts or customers will just go somewhere else. You see an aggres siveness on the part of companies now that you didn’t see before.” Besides, Vicente says, if the state man dates rates based on life expectancy, some companies will simply start re-interpreting the medical data to arrive at their desired results. “Life expectancy estimates are very subjective. Companies will just start reading the material to arrive at estimates that work more in their favor.” It’s far better, he be lieves, to let the market weed out the inferior agencies. “Companies that don’t give fair payouts will receive fewer and fewer custom ers and eventually go out of business any way,” he says. Despite the differing opinions on man dated return rates, Vicente says that the De cember hearing went surprisingly well and the Department of Insurance was “positive” in its comments on viatical settlement agen cies in general. Hamby says that the proposed regulations have been sent to the Office of Administrative Hearings, where they will be reviewed before taking effect. No projected date for the insti tution of the rules was given. CHRISTIE'S For Your Adult Gifts, Gags & Lingerie! Selection of battery-powered personal massagers in stock now. Monday-Wednesday now 9:30am - 11pm Thursday-Saturday 9;30am - midnight Sunday noon - 10pm •18 to enter, please Video Rentals — $15.°° Membership fee • $3.°° per day Monday & Tuesday Special — Rent one get one for $1 Exotic Swimwear Outrageous jokes & gifts Sensuous oils & lotions Hilarious party games Office & party supplies Magazines ww . Over-the-Hill Unusual carcis T-Shirts Leather Apparel H Latex Apparel Wide Selection of Toys Gay & Non-Gay Viideos 1 2802 Guess Roacd (1 block north of 1-85) Durham, NC 27705 (919) 620-6881 Visit Our Sister Store Priscilla’s Open in Jacksonville 113A Western Blvd. (910) 355-0765 3800 Sycamore Dairy Rd. Fayetteville, NC 28303 (910) 860-1776