1.A provider entering a life settlement contract with any owner of a policy, wherein the
insured is terminally or chronically ill, first shall obtain:
a.If the owner is the insured, a written statement from a licensed attending
physician that the owner is of sound mind and under no constraint or undue
influence to enter into a settlement contract; and
b.A document in which the insured consents to the release of the insured's medical
records to a provider, settlement broker, or insurance producer and, if the policy
was issued less than two years from the date of application for a settlement
contract, to the insurance company that issued the policy.
2.The insurer shall respond to a request for verification of coverage submitted by a
provider, settlement broker, or life insurance producer
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1. A provider entering a life settlement contract with any owner of a policy, wherein the
insured is terminally or chronically ill, first shall obtain:
a. If the owner is the insured, a written statement from a licensed attending
physician that the owner is of sound mind and under no constraint or undue
influence to enter into a settlement contract; and
b. A document in which the insured consents to the release of the insured's medical
records to a provider, settlement broker, or insurance producer and, if the policy
was issued less than two years from the date of application for a settlement
contract, to the insurance company that issued the policy.
2. The insurer shall respond to a request for verification of coverage submitted by a
provider, settlement broker, or life insurance producer not later than thirty calendar
days from the date the request is received. The request for verification of coverage
must be made on a form approved by the commissioner. The insurer shall complete
and issue the verification of coverage or indicate in which respects it is unable to
respond. In its response, the insurer 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.
3. Before or at the time of execution of the settlement contract, the provider shall obtain a
witnessed document in which the owner consents to the settlement contract,
represents that the owner has a full and complete understanding of the settlement
contract, that the owner has a full and complete understanding of the benefits of the
policy, acknowledges that the owner is entering into the settlement contract freely and
voluntarily, 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 policy was issued.
4. The insurer may not unreasonably delay effecting change of ownership or beneficiary
with any life settlement contract lawfully entered in this state or with a resident of this
state.
5. If a settlement broker or life insurance producer performs any of these activities
required of the provider, the provider is deemed to have fulfilled the requirements of
this section.
6. If a broker performs the verification of coverage activities required of the provider, the
provider is deemed to have fulfilled the requirements of subsection 1 of section
26.1-33.4-08.
7. Within twenty days after an owner executes the life settlement contract, the provider
shall give written notice to the insurer that issued that insurance policy that the policy
has become subject to a life settlement contract. The notice must be accompanied by
the documents required by subdivision b of subsection 2 of section 26.1-33.4-09.
8. All medical information solicited or obtained by any licensee must be subject to the
applicable provision of state law relating to confidentiality of medical information if not
otherwise provided in this chapter.
9. All life settlement contracts entered in this state must provide the owner with a right to
rescind the contract before the earlier of sixty calendar days after the date upon which
the life settlement contract is executed by all parties or thirty calendar days after the
life settlement proceeds have been sent to the escrow agent by or on behalf of the
provider as provided in subsection 11. Rescission by the owner may be conditioned
upon the owner giving notice and repaying to the provider within the rescission period
all proceeds of the settlement and any premiums, loans, and loan interest paid by or
on behalf of the provider in connection with or as a consequence of the life settlement.
If the insured dies during the rescission period, the life settlement contract is deemed
to have been rescinded, subject to repayment to the provider or purchaser of all life
settlement proceeds and any premiums, loans, and loan interest that have been paid
by the provider or purchaser, within sixty calendar days of the death of the insured. In
the event of any rescission, if the provider has paid commissions or other
compensation to a broker in connection with the rescinded transaction, the broker shall
refund all the commissions and compensation to the provider within five business days
following receipt of written demand from the provider, which demand must be
accompanied by either the owner's notice of rescission if rescinded at the election of
the owner or notice of the death of the insured if rescinded by reason of the death of
the insured within the applicable rescission period.
10. Within three business days after receipt from the owner of documents to effect the
transfer of the insurance policy, the provider shall pay the proceeds of the settlement
to an escrow or trust account managed by a trustee or escrow agent in a state or
federally chartered financial institution pending acknowledgment of the transfer by the
issuer of the policy. The trustee or escrow agent must be required to transfer the
proceeds due to the owner within three business days of the later to occur of the
expiration of any then remaining rescission period or the escrow agent's receipt of the
acknowledgment of the properly completed transfer of ownership, assignment, or
designation of beneficiary from the insurance company.
11. Failure to tender the life settlement contract proceeds to the owner by the date
disclosed to the owner renders the contract voidable by the owner for lack of
consideration until the time the proceeds are tendered to and accepted by the owner. A
failure to give written notice of the right of rescission tolls the right of rescission until
sixty days after the written notice of the right of rescission has been given.
12. Any fee paid by a provider, party, individual, or an owner to a broker in exchange for
services provided to the owner pertaining to a life settlement contract must be
computed as a percentage of the offer obtained, not the face value of the policy. This
section does not prohibit a broker from reducing such broker's fee below this
percentage if the broker so chooses.
13. The broker shall disclose to the owner anything of value paid or given to a broker
which relates to a life settlement contract.
14. It is a violation of this chapter for any person to enter a life settlement contract at any
time before or at the time of the application for or issuance of a policy that is the
subject of a life settlement contract or within a five-year period commencing with the
date of issuance of the insurance policy or certificate unless the owner certifies to the
provider or the provider otherwise conclusively shows that one or more of the following
conditions have been met within the five-year period:
a. The policy was issued upon the owner's exercise of conversion rights arising out
of a group or individual policy, provided the total of the time covered under the
conversion policy plus the time covered under the prior policy is at least sixty
months. The time covered under a group policy must be calculated without regard
to any change in insurance carriers, provided the coverage has been continuous
and under the same group sponsorship;
b. The owner submitted independent evidence to the provider that one or more of
the following conditions have been met within the five-year period:
(1) The owner or insured is terminally or chronically ill;
(2) The owner's spouse died or no remaining beneficiaries are then surviving;
(3) The owner retired from full-time employment; or
(4) The owner became physically or mentally disabled and a physician
determined that the disability prevents the owner from maintaining full-time
employment;
c. A final order, judgment, or decree has been entered by a court of competent
jurisdiction, on the application of a creditor of the owner, adjudicating the owner in
default, bankrupt, or insolvent, or approving a petition seeking reorganization of
the owner or appointing a receiver, trustee, or liquidator to all or a substantial part
of the owner's assets; or
d. The owner entered a life settlement contract more than two years after the date of
issuance of a policy and, with respect to the policy, at all times before the date
that is two years after policy issuance, the following conditions are met:
(1) Policy premiums have been funded exclusively with unencumbered assets,
including an interest in the life insurance policy being financed only to the
extent of the policy's net cash surrender value, provided by, or fully recourse
liability incurred by, the insured or a person described in paragraph 5 of
subdivision b of subsection 11 of section 26.1-33.4-01;
(2) There is no agreement or understanding with any other person to guarantee
any such liability or to purchase, or stand ready to purchase, the policy,
including through an assumption or forgiveness of the loan; and
(3) Neither the insured nor the policy has been evaluated for settlement in
connection with the issuance of the policy.
15. Copies of the independent evidence described in subdivision b of subsection 14 and
documents required by subsection 1, 2, 3, or 7 must be submitted to the insurer when
the provider submits a request to the insurer for verification of coverage. The copies
must be accompanied by a letter of attestation from the provider that the copies are
true and correct copies of the documents received by the provider.
16. If the provider submits to the insurer a copy of the owner's or insured's certification
described in and the independent evidence required by subdivision b of subsection 14
when the provider submits a request to the insurer to effect the transfer of the policy or
certificate to the provider, the copy is deemed to establish conclusively that the life
settlement contract satisfies the requirements of this section and the insurer timely
shall respond to the request.