It sounds like the loan terms are punitive enough to make it a no-brainer to surrender once you need more than the basis. My question then is how to avoid the tax hit on surrender. Would it make sense to transfer ownership to the child early on (ie before the value exceeds the gift tax exclusion limit) - or make the child the owner from the start if that's possible - to minimize the tax hit when you eventually surrender the policy?
How long has this been going on? You make it sound like this didn't just happen yesterday.
Since this policy DOES NOT EARN DIVIDENDS, the only way to take money out other than a loan would be a SURRENDER (though I would assume that one could do a partial surrender, by reducing the policy face amount, but that might change dynamics and trigger a tax event too, I'm not sure). IMHO paying the tax might not be so terrible, given the phenomenal rates of return. What other SAFE investment that returns anything close to this would not be taxable? It's just something we have to live with.
Doing a 1035 exchange and rolling the money into a new policy might help to a certain extent, but you WILL take a certain hit on the cash value for a few years. Depending on circumstances that might be a good choice to make. No way of predicting now what happens 20 years from now! The Allstate policy values are guaranteed, so we know what that will be (except if חס ושלום a death benefit is paid out sooner), but we cannot know what else will be happening. What will tax law be? Will the child grow up and still be insurable? What will interest rates be? etc. etc.
I don't know how long this has been around. I heard about it in late October. The mispriced policy might have been around for a long time, but my guess is that someone caught onto the pricing error recently (after all, who thinks of Allstate as a Life Insurance Carrier, and how many people buy policies on children?) and it's been spreading like a wildfire in Boro-Park, Williamsburg, Lakewood and Crown Heights in recent weeks.