§ 26.1-33.4-05 — Reporting requirements and privacy

North Dakota § 26.1-33.4-05

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-33.4: Life Settlements

Text

1. For any policy settled within five years of policy issuance, each provider shall file with
the commissioner before March first of each year an annual statement containing such
information as the commissioner may prescribe by regulation. In addition to any other
requirements, the annual statement must specify the total number, aggregate face
amount, and life settlement proceeds of policies settled during the immediately
preceding calendar year, together with a breakdown of the information by policy issue
year. The annual statement also must include the names of the insurance companies
whose policies have been settled and the brokers that have settled said policies.
a. Such information must be limited to only those transactions where the insured is
a resident of this state and may not include individual transaction data regarding
the business of life settlements or information that there is a reasonable basis to
believe could be used to identify the owner or the insured.
b. Every provider that willfully fails to file an annual statement as required in this
section, or willfully fails to reply within thirty days to a written inquiry by the
commissioner in connection therewith, shall, in addition to other penalties
provided by this chapter, be subject, upon due notice and opportunity to be heard,
to a penalty of up to two hundred fifty dollars per day of delay, not to exceed
twenty-five thousand dollars in the aggregate, for each such failure.
2. Except as otherwise allowed or required by law, a provider, broker, insurance
company, insurance producer, information bureau, rating agency or company, or any
other person with actual knowledge of an insured's identity, may not disclose the
identity of an insured or information that there is a reasonable basis to believe could
be used to identify the insured or the insured's financial or medical information to any
other person unless the disclosure:
a. Is necessary to effect a life settlement contract between the owner and a provider
and the owner and insured have provided prior written consent to the disclosure;
b. Is necessary to effectuate the sale of life settlement contracts, or interests
therein, as investments, provided the sale is conducted in accordance with
applicable state and federal securities law, and provided further that the owner
and the insured have both provided prior written consent to the disclosure;
c. Is provided in response to an investigation or examination by the commissioner or
any other governmental officer or agency or pursuant to the requirements of
section 26.1-33.4-12;
d. Is a term or condition to the transfer of a policy by one provider to another
provider, in which case the receiving provider shall comply with the confidentiality
requirements of subsection 2 of section 26.1-33.4-05;
e. Is necessary to allow the provider or broker or its authorized representative to
make contacts for the purpose of determining health status. For the purposes of
this section, the term "authorized representative" does not include any person
that has or may have any financial interest in the settlement contract other than a
provider, licensed broker, financing entity, related provider trust, or special
purpose entity; further, a provider or broker shall require its authorized
representative to agree in writing to adhere to the privacy provisions of this
chapter; or
f. Is required to purchase stop-loss coverage.
3. Nonpublic personal information solicited or obtained in connection with a proposed or
actual life settlement contract is subject to the provisions applicable to financial
institutions under the federal Gramm-Leach-Bliley Act [Pub. L. 106-102] and all other
state and federal laws relating to confidentiality of nonpublic personal information.