Chapter 688C - Viatical Settlements
- ADVERTISING
- 688C.350 - Applicability and interpretation of provisions.
- 688C.360 - Establishment and maintenance by licensee of system of control; responsibility for advertisements.
- 688C.370 - Advertisements: Avoidance of deception; filing of materials with Commissioner; regulations.
- 688C.380 - Text of information required to be disclosed; use of misleading omissions, language or illustrations; use of name or title of insurer or policy; prohibited statements, implications and word
- 688C.390 - Use of testimonial, endorsement, appraisal, analysis or statistical information.
- 688C.400 - Prohibited disparagement.
- 688C.410 - Identification of provider, viatical settlement and agreement to purchase viatical settlement; statement of name of licensee.
- 688C.420 - Use of words, symbols or physical materials similar to those of governmental program or agency; creation of impression of governmental recommendation or endorsement; statements regarding li
- 688C.430 - Disclosures required when emphasizing speed of viatication or monetary amounts available.
- GENERAL PROVISIONS
- 688C.010 - Definitions.
- 688C.020 - “Advertising” defined.
- 688C.030 - “Broker of viatical settlements” defined.
- 688C.040 - “Business of viatical settlements” defined.
- 688C.050 - “Chronically ill” defined.
- 688C.060 - “Financing agent” defined.
- 688C.070 - “Policy” defined.
- 688C.080 - “Provider of viatical settlements” defined.
- 688C.090 - “Purchaser of viatical settlements” defined.
- 688C.095 - “Rescission period” defined.
- 688C.100 - “Special organization” defined.
- 688C.110 - “Terminally ill” defined.
- 688C.120 - “Trust for a related provider” defined.
- 688C.130 - “Viatical settlement” defined.
- 688C.133 - “Viatical settlement investment” defined.
- 688C.135 - “Viatical settlement investment agent” and “investment agent of viatical settlements” defined.
- 688C.137 - “Viatical settlement purchase agreement” defined.
- 688C.140 - “Viaticated policy” defined.
- 688C.150 - “Viator” defined.
- LICENSING; REGULATION
- 688C.170 - Regulations of Commissioner.
- 688C.175 - Applicability of other statutes.
- 688C.180 - Examinations and investigations by Commissioner.
- 688C.190 - License to operate as investment agent, provider or broker: General requirements; application, renewal and expiration; effect.
- 688C.200 - Investigation of applicant and issuance of license; evidence of financial responsibility; provision of new or revised information to Commissioner.
- 688C.210 - Suspension, revocation or refusal of license; application for hearing.
- 688C.212 - Certain financial planners must be licensed as insurance consultants.
- 688C.213 - Probation of broker or investment agent of viatical settlements for acting in bad faith.
- 688C.214 - Action against producer of life insurance for acting in bad faith.
- 688C.215 - License to operate as investment agent or broker not required for certain producers of insurance.
- 688C.220 - Filing and approval of forms; submission of advertising material.
- 688C.230 - Filing of annual statement; confidentiality of information; disclosure of identity of insured.
- 688C.240 - Retention of records and documents.
- 688C.242 - Viatical settlement investment agent: Representation of provider.
- 688C.244 - Viatical settlement investment agent: Identity of or communication with viator or insured.
- 688C.250 - Disclosures to viator upon or before execution of application for settlement.
- 688C.260 - Disclosures to viator upon or before execution of settlement.
- 688C.262 - Disclosure to purchaser of viatical settlement; provision of other information.
- 688C.264 - Additional disclosure to purchaser of viatical settlement.
- 688C.266 - Form of certain disclosures.
- 688C.268 - Disclosure to issuer of policy.
- 688C.270 - Prerequisites to entry by viator into settlement within 5 years after issuance of policy; submission of independent evidence or certification to insurer.
- 688C.275 - Restrictions on business of broker of viatical settlements and provider of viatical settlements.
- 688C.280 - Acquisition of certain documents by provider or broker before entry into settlement; notice to issuer of policy; requests for verification of coverage.
- 688C.285 - Insurer; request for verification of coverage or effecting transfer of policy; forms or disclosures.
- 688C.290 - Submission by viator of certain documents to escrow agent; duties of escrow agent; payment of viator.
- 688C.300 - Rescission of viatical settlement.
- 688C.310 - Contact with insured to determine address and telephone or status of health after settlement.
- 688C.320 - Confidentiality of medical information.
- 688C.330 - Notice of transfer of ownership or change of beneficiary of viaticated policy by provider; response by insurer to request for change of ownership or beneficiary.
- 688C.340 - Trust for related provider: Required agreement between trustee and provider.
- UNLAWFUL ACTS; FRAUD; ENFORCEMENT
- 688C.440 - Unlawful acts.
- 688C.450 - Felonious acts.
- 688C.460 - Provision to Commissioner of information regarding felonious acts.
- 688C.470 - Immunity of persons providing information regarding felonious acts; award of attorney’s fees and costs.
- 688C.480 - Confidentiality and disclosure of certain documents and information regarding felonious acts.
- 688C.490 - Establishment, maintenance and modification by licensees of certain protective measures against fraud; confidentiality of plan submitted to Commissioner.
- 688C.500 - Statement required on application or contract for settlement.
- 688C.510 - Injunctive and other relief; administrative fine; restitution; civil action; rescission.