LD 1907
pg. 31
Page 30 of 38 An Act To Govern and Regulate Life Settlements Page 32 of 38
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LR 2724
Item 1

 
B. A request in writing from the named licensed viatical
settlement provider, viatical settlement agent or viatical
settlement broker producer for the specified policy or
certificate information.

 
Requests for the following items related to the policy or
certificate being viaticated that is the subject of a settlement
transaction are deemed to be reasonable: ownership of and death
benefits under the policy or certificate; premium information on
the policy or certificate; liens, assignments and additional
benefits; waiver of premium; and ownership and assignment
provisions. The information provided must be the most recent
information on file. By rule, the superintendent may specify
additional criteria for information requests deemed reasonable
under this section by a viatical settlement provider or an
independent viatical producer.

 
2. Conversion of group insurance. An issuer or 3rd-party
administrator of a group life insurance policy shall promptly
issue an individual conversion policy if the conversion is being
requested for the purpose of entering into a viatical settlement
contract. For the purposes of this section, issuance of such a
policy is deemed timely if it meets relevant standards for
timeliness under chapter 23. This subsection may not be
construed to create any new conversion rights not already granted
by the policy or certificate being viaticated acquired pursuant
to a settlement contract.

 
3. Right to assign rights or benefits. Subsection 1 or 2
does not prohibit a viator under a group life insurance policy
from assigning rights or benefits under the policy to a licensed
viatical settlement provider or converting the coverage to an
individual life insurance policy.

 
4. Assignment restrictions prohibited. A policy of group
life insurance issued or in existence in this State that permits
any assignment of a viator's rights may not restrict the viator
from making assignments other than by gift.

 
5. Purchase of securities. This chapter does not require
notice to the superintendent of, or restrict an insurance company
from investing in, or participating in, or purchasing any
securities issued in any transaction including without limitation
any financing, securitization transaction or securities offering
in which the licensed viatical settlement provider sells,
assigns, transfers, pledges, hypothecates or otherwise disposes
of viatical settlement contracts, viaticated policies acquired
pursuant to settlement contracts or any interest therein.


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