LD 1907
pg. 4
Page 3 of 38 An Act To Govern and Regulate Life Settlements Page 5 of 38
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LR 2724
Item 1

 
B.__In the furtherance of a fraud or to prevent the
detection of a fraud committing or permitting one's
employees or agents to:

 
(1)__Remove, conceal, alter, destroy or sequester from
the superintendent the assets or records of a licensee
or other person engaged in the business of settlements;

 
(2)__Misrepresent or conceal the financial condition of
a licensee, financing entity, insurer or other person;

 
(3)__Transact the business of settlements in violation
of laws requiring a license, certificate of authority
or other legal authority for the transaction of the
business of settlements; or

 
(4)__File with the superintendent or the chief
insurance regulatory official of another jurisdiction a
document containing false information or otherwise
concealing information about a material fact from the
superintendent;

 
C.__Embezzlement, theft, misappropriation or conversion of
money, funds, premiums, credits or other property of a
settlement provider, insurer, insured, viator, insurance
policyowner or any other person engaged in the business of
settlements or insurance;

 
D.__Recklessly entering into, brokering or otherwise dealing
in a settlement contract, the subject of which is a life
insurance policy that was obtained by presenting false
information concerning any fact material to the policy or by
concealing, for the purpose of misleading another,
information concerning any fact material to the policy, when
the viator or the viator's agent intended to defraud the
policy's issuer. For the purposes of this paragraph,
"recklessly" means engaging in conduct in consciously and
clearly unjustifiable disregard of a substantial likelihood
of the existence of the relevant facts or risks, such
disregard involving a gross deviation from acceptable
standards of conduct; or

 
E.__Attempting to commit; assisting, aiding or abetting in
the commission of; or conspiring to commit the acts or
omissions specified in this subsection.

 
7.__Policy.__"Policy" means an individual or group policy,
group certificate, contract or arrangement of life insurance
affecting the rights of a resident of this State or bearing a


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