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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
103
:
LIFE INSURANCE POLICIES AND ANNUITY CONTRACTS
Subchapter
005B
:
LIFE SETTLEMENTS
§
3843. General rules
(a)(1) A life
settlement provider entering into a life settlement contract shall first
obtain:
(A) if the
policy owner is the insured, a written statement from a licensed attending
physician that the policy owner is of sound mind and under no constraint or
undue influence to enter into a life settlement contract; and
(B) if the
medical records of the insured are intended or required to be released in
connection with a proposed life settlement transaction, a document in which the
insured consents to the release of his or her medical records to a licensed
life settlement provider, life settlement broker, the insurance company that
issued the life insurance policy covering the life of the insured, and any
other person to whom the medical records will be released.
(2) Within 20
days after a policy owner executes documents necessary to transfer any rights
under an insurance policy or within 20 days of entering any agreement, option,
promise, or any other form of understanding, expressed or implied, to subject
the policy to a life settlement contract, the life settlement provider shall
give written notice to the insurer that issued that insurance policy that the
policy has or will become a policy subject to a life settlement contract. The
notice shall be accompanied by the documents required by subdivision (3) of
this subsection.
(3) The life
settlement provider shall deliver a copy of the medical release required under
subdivision (1)(B) of this subsection, a copy of the policy owner's application
for the life settlement contract, the notice required under subdivision (2) of
this subsection, and a request for verification of coverage to the insurer that
issued the life policy that is the subject of the life settlement transaction.
A form for verification of coverage approved by the commissioner shall be used.
(4) The insurer
shall respond to a request for verification of coverage submitted on an
approved form by a life settlement provider or life settlement broker within 30
calendar days of the date the request is received and shall indicate whether,
based on the medical evidence and documents provided, the insurer intends to
pursue an investigation at this time regarding the validity of the insurance
contract or possible insurance or life settlement fraud. The insurer shall
accept a request for verification of coverage made on a form approved by the
commissioner. The insurer shall accept an original or facsimile or electronic
copy of such request and any accompanying authorization signed by the policy
owner. Failure by the insurer to meet its obligations under this subsection
shall be a violation of sections 3844 and 3848 of this title.
(5) Prior to or
at the time of execution of the life settlement contract, the life settlement
provider shall obtain a witnessed document in which the policy owner consents
to the life settlement contract, represents that the policy owner has a full
and complete understanding of the life settlement contract and of the benefits
of the life insurance policy, acknowledges that he or she is entering into the
life settlement contract freely and voluntarily, has received the disclosures
required in section 3841 of this title and, for persons with a terminal or
chronic illness or condition, acknowledges that the insured has a terminal or
chronic illness and that the terminal or chronic illness or condition was
diagnosed after the life insurance policy was issued.
(6) If a life
settlement broker performs any of these activities required of the life settlement
provider, the provider is deemed to have fulfilled such requirement.
(b) All medical
information solicited or obtained by any licensee shall be subject to the
applicable provisions of state law relating to confidentiality of medical
information and to the department's Regulation No. IH-2001-I, Privacy of
Consumer Financial and Health Information.
(c) All life
settlement contracts entered into in this state shall provide the policy owner
with an absolute right to rescind the contract before 30 calendar days after
the date upon which the life settlement contract is executed by all parties.
Rescission by the policy owner may be conditioned upon the policy owner's both
giving notice and repaying to the life settlement provider within the
rescission period all proceeds of the settlement and any premiums, loans, and
loan interest paid by or on behalf of the life settlement provider in
connection with or as a consequence of the life settlement. If the insured dies
during the rescission period, the life settlement contract shall be deemed to
have been rescinded, subject to repayment to the life settlement provider or
purchaser of all life settlement proceeds and any premiums, loans, and loan
interest that have been paid by the life settlement provider or purchaser,
which shall be paid within 60 calendar days of the death of the insured. In the
event of any rescission, if the life settlement provider has paid commissions
or other compensation to a life settlement broker in connection with the
rescinded transaction, the life settlement broker shall refund all such
commissions and compensation to the life settlement provider within five
business days following receipt of written demand from the life settlement
provider, which demand shall be accompanied by either the policy owner's notice
of rescission if rescinded at the election of the policy owner or notice of the
death of the insured if rescinded by reason of the death of the insured within
the applicable rescission period.
(d) The life
settlement provider shall instruct the policy owner to send the executed
documents required to effect the change in ownership, assignment, or change in
beneficiary directly to an independent escrow agent. Within three business days
after the date the escrow agent receives the document (or from the date the
life settlement provider receives the documents, if the policy owner
erroneously provides the documents directly to the provider), the provider
shall pay or transfer the proceeds of the life settlement into an escrow or
trust account maintained in a state- or federally chartered financial
institution whose deposits are insured by the Federal Deposit Insurance
Corporation. Upon payment of the settlement proceeds into the escrow account,
the escrow agent shall deliver the original change in ownership, assignment, or
change in beneficiary forms to the life settlement provider or related provider
trust or other designated representative of the life settlement provider. Upon
the escrow agent's receipt of the acknowledgment of the properly completed
transfer of ownership, assignment, or designation of beneficiary from the
insurance company, the escrow agent shall pay the settlement proceeds to the
policy owner.
(e) Failure to
tender consideration to the policy owner for the life settlement contract
within the time set forth in the disclosure pursuant to subdivision 3841(a)(7)
of this title renders the life settlement contract voidable by the policy owner
for lack of consideration until the time consideration is tendered to and
accepted by the policy owner. Funds shall be deemed sent by a life settlement
provider to a policy owner as of the date that the escrow agent either releases
funds for wire transfer to the policy owner or places a check for delivery to
the policy owner via the United States Postal Service or another nationally
recognized delivery service.
(f) Contacts
with the insured for the purpose of determining the health status of the
insured by the life settlement provider or life settlement broker after the
life settlement has occurred shall only be made by the life settlement provider
or broker licensed in this state or its authorized representatives and shall be
limited to once every three months for insureds with a life expectancy of more
than six months and to no more than once every two months for insureds with a
life expectancy of six months or less. The provider or broker shall explain the
procedure for these contacts at the time the life settlement contract is
entered into. The limitations set forth in this subsection shall not apply to
any contacts with an insured for reasons other than determining the insured's
health status. Life settlement providers and life settlement brokers shall be
responsible for the actions of their authorized representatives.
(g)(1) In order
to assure that terminally ill policy owners receive a reasonable return for
entering into a life settlement contract, the following shall be minimum
payouts; provided that upon request of the policy owner the commissioner may
waive the requirements of this subdivision:
Terminally Ill Policy Owner's Minimum
Percentage of Ex- Remaining Life Expectancy pected Death Benefit (Net At Time
of Settlement of Loans and Any Cash Surrender Value) to be Received by the
Terminally Ill Policy Owner Less than 6 months 85% At least 6, but less than 12
months 80% At least 12, but less than 18 months 75% At least 18, but less than
24 months 70% At least 24, but less than 36 months 60%
(2) The expected
death benefit is the death benefit provided under the terms of the policy
subject to the life settlement contract, assuming the death of the insured were
to occur on the date the life settlement contract is signed.
(3) The payout
shall be increased by 100 percent of any net cash surrender value of the
insurance at the time the life settlement contract is issued.
(4) Payouts may
be reduced by the minimum premium, including premiums payable for additional
benefits retained at the option of the terminally ill policy owner, if any,
required to keep the contract in force for the duration of the terminally ill
policy owner's remaining life expectancy. Other than this allowable reduction
in payout, there shall be no other retention for expenses or broker's fees. At
the time of settlement, the life settlement provider shall place in trust a sum
equal to the amount the payout was reduced for future premiums. Sums placed in
trust under this section shall only be reduced by the life settlement provider
upon payment of policy premiums as they come due. If the terminally ill policy
owner dies with a sum held in trust under this section, the sum remaining in
trust shall become the property of the life settlement provider.
(5) If the life
settlement provider becomes insolvent or is the subject of a bankruptcy or
other insolvency proceeding during the life of the terminally ill policy owner
whose policy had riders retained, the life settlement provider shall notify the
terminally ill policy owner and other insureds of the insolvency or initiation
of insolvency proceedings. Persons with an interest in the continuation of
riders retained may pay any premiums required to keep riders retained in force.
(6) In computing
the minimum percentage of expected death benefit (net of loans and cash
surrender value) the death benefit value of any accidental death benefit rider
shall not be included. There shall be no minimum percentage payment required
for the transfer of an accidental death benefit rider to the life settlement
company.
(7) Life
expectancy shall be determined by a physician selected by the terminally ill policy
owner, on the basis of medical records. The physician selected will send life
expectancy information to the life settlement provider. If the life settlement
provider disagrees with the life expectancy estimate of the physician selected
by the terminally ill policy owner, the terminally ill policy owner will select
a second physician to make an estimate of life expectancy, based on medical
records. The second physician's decision shall be final. (Added 2009, No. 53, §
1, eff. Jan. 1, 2010.)