State Codes and Statutes

Statutes > New-york > Isc > Article-78 > 7818

§  7818. Nonconforming contracts. (a) Except as otherwise specifically  provided in this chapter, any life settlement contract subject  to  this  chapter  that  is  in violation of any of the provisions of this chapter  shall be valid and binding upon the life settlement provider, but in all  respects in which the contract's provisions  are  in  violation  of  the  requirements  or prohibitions of this chapter it shall be enforceable as  if it conformed with such requirements or prohibitions.    (b) In any  action  to  recover  under  the  provisions  of  any  life  settlement  contract  that  the  superintendent  is  authorized  by this  chapter to approve, if in the superintendent's opinion the provisions of  this chapter are more favorable to owners, the court shall enforce  such  contract  as  if its provisions were the same as those specified in this  chapter unless the  court  finds  that  the  actual  provisions  of  the  contract were more favorable to owners at the date when the contract was  entered into.

State Codes and Statutes

Statutes > New-york > Isc > Article-78 > 7818

§  7818. Nonconforming contracts. (a) Except as otherwise specifically  provided in this chapter, any life settlement contract subject  to  this  chapter  that  is  in violation of any of the provisions of this chapter  shall be valid and binding upon the life settlement provider, but in all  respects in which the contract's provisions  are  in  violation  of  the  requirements  or prohibitions of this chapter it shall be enforceable as  if it conformed with such requirements or prohibitions.    (b) In any  action  to  recover  under  the  provisions  of  any  life  settlement  contract  that  the  superintendent  is  authorized  by this  chapter to approve, if in the superintendent's opinion the provisions of  this chapter are more favorable to owners, the court shall enforce  such  contract  as  if its provisions were the same as those specified in this  chapter unless the  court  finds  that  the  actual  provisions  of  the  contract were more favorable to owners at the date when the contract was  entered into.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-78 > 7818

§  7818. Nonconforming contracts. (a) Except as otherwise specifically  provided in this chapter, any life settlement contract subject  to  this  chapter  that  is  in violation of any of the provisions of this chapter  shall be valid and binding upon the life settlement provider, but in all  respects in which the contract's provisions  are  in  violation  of  the  requirements  or prohibitions of this chapter it shall be enforceable as  if it conformed with such requirements or prohibitions.    (b) In any  action  to  recover  under  the  provisions  of  any  life  settlement  contract  that  the  superintendent  is  authorized  by this  chapter to approve, if in the superintendent's opinion the provisions of  this chapter are more favorable to owners, the court shall enforce  such  contract  as  if its provisions were the same as those specified in this  chapter unless the  court  finds  that  the  actual  provisions  of  the  contract were more favorable to owners at the date when the contract was  entered into.