This regulation is adopted by the director pursuant to the authority in Neb. Rev. Stat

Transcription

1 Title 210 NEBRASKA DEPARTMENT OF INSURANCE Chapter 76 VIATICAL SETTLEMENTS 001. Authrity This regulatin is adpted by the directr pursuant t the authrity in Neb. Rev. Stat Definitins In additin t the definitins in Neb. Rev. Stat , the fllwing definitins apply t this regulatin: (002.01) Insured means the persn cvered under the plicy being cnsidered fr viaticatin. (002.02) Life expectancy means the mean f the number f mnths the individual insured under the life insurance plicy t be viaticated can be expected t live as determined by the viatical settlement prvider cnsidering medical recrds and apprpriate experiential data. (002.03) Net death benefit means the amunt f the life insurance plicy r certificate t be viaticated less any utstanding debts r liens. (002.04) Patient identifying infrmatin means an insured s address, telephne number, facsimile number, electrnic mail address, phtgraph r likeness, emplyer, emplyment status, scial security number, r any ther infrmatin that is likely t lead t the identificatin f the insured License Requirements (003.01) The Directr may require an individual applying fr a viatical settlement brker license t pass a written examinatin designated by the Department testing the knwledge f the individual cncerning viatical settlements, the duties and respnsibilities f a viatical settlement brker, and the laws, rules and regulatins applicable t viatical settlement sales in Nebraska. (003.02) In additin t the infrmatin required in Neb. Rev. Stat , the directr may ask fr ther infrmatin necessary t determine whether the applicant fr a license as a viatical settlement prvider r viatical settlement brker cmplies with the requirements f Neb. Rev. Stat

2 (003.03) The applicatin fr a viatical settlement brker shall be accmpanied by a fee f $ The brker license may be renewed by payment f $40.00 and a current cpy f a letter f gd standing btained frm the filing fficer f the applicant s state f dmicile. The applicatin fr a viatical settlement prvider shall be accmpanied by a fee f $1,000. The prvider license may be renewed annually by payment f $100 and a current cpy f a letter f gd standing frm the state f dmicile. If a viatical settlement prvider r viatical settlement brker fails t pay the renewal fee within the time prescribed, r a viatical settlement prvider fails t submit the reprts required in Sectin 006 f this regulatin, such nnpayment r failure t submit the required reprts shall result in expiratin f the license. If a viatical settlement prvider has, at the time f renewal, viatical settlements where the insured has nt died, it shall d ne f the fllwing: (003.03A) Renew r maintain its current license status until the earlier f the fllwing events: (003.03A(1)) The date the viatical settlement prvider prperly assigns, sells r therwise transfers the viatical settlements where the insured has nt died; r (003.03A(2)) The date that the last insured cvered by viatical settlement transactin has died. (003.03B) Appint, in writing, either the viatical settlement prvider that entered int the viatical settlement, the brker wh received cmmissins frm the viatical settlement, if applicable, r any ther viatical settlement prvider r brker licensed in this state t make all inquiries t the viatr, r the viatr s designee, regarding health status f the viatr r any ther matters. (003.04) An individual licensed as a viatical settlement brker r authrized t act under a license issued t a licensed entity as a viatical settlement brker shall cmplete fifteen (15) hurs f department-apprved cntinuing educatin during each cntinuing educatin biennium. (003.04A) (a) (b) (003.04B) The required cntinuing educatin hurs shall include a minimum f: Twelve (12) hurs in life insurance; Three (3) hurs in ethics. Pursuant t Neb. Rev. Stat (8), a life insurance prducer wh is perating as a viatical settlement brker pursuant t

3 Neb. Rev. Stat (1) shall be exempt frm the requirements f sectin (003.04C) (003.04D) Each cntinuing educatin biennium shall begin at the end f the licensee s birth mnth when licensee s age ends in an even number. The license f an individual wh fails t cmply with this cntinuing educatin requirement and wh has nt been granted an extensin f time t cmply in accrdance with the prcedures set frth in Neb. Rev. Stat (6) shall terminate and shall be prmptly surrendered t the directr withut demand. (003.05) A viatical settlement brker r viatical settlement prvider shall file with the directr, and thereafter fr as lng as the license remains in effect shall keep in frce, evidence f financial respnsibility. Evidence f financial respnsibility shall be in the frm f: (003.05A) (003.05B) A surety bnd executed and issued by an insurer authrized t issue surety bnds in this state in the amunt f $250,000; r A depsit f cash, certificates f depsit, r securities, r any cmbinatin theref, in the amunt f $250,000. (003.06) The license issued t a viatical settlement prvider r viatical settlement brker shall be a limited license that allws it t perate nly within the scpe f its license Appintments (004.01) A viatical settlement brker shall nt act as an agent f a viatical settlement prvider unless the viatical settlement brker becmes an appinted agent f that prvider. A viatical settlement brker wh is nt acting as a viatical settlement brker f a prvider is nt required t be appinted. (004.02) T appint a viatical settlement brker as its agent, the appinting prvider shall file, in a frmat apprved by the directr, a ntice f appintment within fifteen (15) days frm the date the agency cntract is executed r the first viatical settlement cntract is negtiated n behalf f the prvider. (004.03) Upn receipt f the ntice f appintment, the directr shall verify within a reasnable time nt t exceed thirty (30) days that the viatical settlement brker is determined t be eligible fr appintment. If the viatical

4 settlement brker is determined t be ineligible fr appintment, the directr shall ntify the prvider within ten (10) days f its determinatin. (004.04) A prvider shall pay an annual appintment fee, in the amunt and methd f payment set frth in Neb. Rev. Stat (1)(b) nt t exceed $10.00, fr each viatical settlement brker appinted by the prvider. (004.05) A licensed life insurance prducer acting as a viatical settlement brker pursuant t Neb. Rev. Stat (1) wh is an appinted agent f a viatical settlement prvider under the Insurance Prducer s Licensing Act des nt need t be separately appinted with that viatical settlement prvider under this sectin Standards fr Evaluatin f Reasnable Payments fr Terminally r Chrnically Ill Insureds In rder t assure that viatrs receive a reasnable return fr viaticating an insurance plicy, the return fr viaticating a plicy shall be n less than the fllwing payuts fr insureds wh are terminally r chrnically ill: Insured s Life Expectancy Minimum Percentage f Face Value Less Outstanding Lans Received by Viatr Less than 6 mnths [80%] At least 6 but less than 12 mnths [70%] At least 12 but less than 18 mnths [65%] At least 18 but less than 24 mnths [60%] Twenty-fur mnths r mre [50%] The percentage may be reduced by [5%] fr viaticating a plicy written by an insurer rated less than the highest [4] categries by A.M. Best, r a cmparable rating by anther rating agency Reprting Requirement (006.01) On r befre March 1 f each calendar year, each viatical settlement prvider licensed in this state shall submit the fllwing related t the licensee s activities fr the previus calendar year: (006.01A) Fr viatical settlements cntracted during reprting perid: (006.01A(1)) A reprt f the viatical settlement transactins related t Nebraska viatrs, which shall be submitted n Frm VSP 001 (Appendix B);

5 (006.01A(2)) A reprt f the individual mrtality f Nebraska insureds, which shall be submitted n Frm VSP 002 (Appendix C); (006.01A(3)) A certificatin f the infrmatin cntained in the reprts, which shall be submitted n Frm VSP 003 (Appendix D) and shall be filed with the reprts. (006.02) Each viatical settlement prvider shall remit an annual statement filing fee f $ in accrdance with Neb. Rev. Stat (7) General Rules (007.01) With respect t plicies cntaining a prvisin fr duble r additinal indemnity fr accidental death, the additinal payment shall remain payable t the beneficiary last named by the viatr prir t entering int the viatical settlement cntract, r t such ther beneficiary, ther than the viatical settlement prvider, as the viatr may thereafter designate, r in the absence f a beneficiary, t the estate f the viatr. (007.02) Payment f the prceeds f a viatical settlement pursuant t Neb. Rev. Stat (4) shall be by means f wire transfer t the accunt f the viatr r by certified check r cashier s check. (007.03) Payment f the prceeds f the viatr pursuant t a viatical settlement shall be made in a lump sum except where the viatical settlement prvider has purchased an annuity r similar financial instrument issued by a licensed insurance cmpany r bank, r an affiliate f either. Retentin f a prtin f the prceeds by the viatical settlement prvider r escrw agent is nt permissible. (007.04) A viatical settlement prvider r viatical settlement brker shall nt discriminate in the making r slicitatin f viatical settlements r discriminate between viatrs with dependents and withut dependents. (007.05) A viatical settlement prvider r viatical settlement brker shall nt pay r ffer t pay any finder s fee, cmmissin r ther cmpensatin t any insured s physician, r t an attrney, accuntant r ther persn prviding medical, legal r financial planning services t the viatr, r t any ther persn acting as an agent f the viatr, ther than a viatical settlement brker, with respect t the viatical settlement. (007.06) If a viatical settlement prvider enters int a viatical settlement that allws the viatr t retain an interest in the plicy, the viatical settlement cntract shall cntain the fllwing prvisins;

6 (007.06A) (007.06B) A prvisin that the viatical settlement prvider will effect the transfer f the amunt f the death benefit nly t the extent r prtin f the amunt viaticated. Benefits in excess f the amunt viaticated shall be paid directly t the viatr s beneficiary by the insurance cmpany. A prvisin that the viatical settlement prvider will, upn acknwledgment f the perfectin f the transfer, either; (007.06B(1)) Advise the insured, in writing, that the insurance cmpany has cnfirmed the viatr s interest in the plicy; r (007.06B(2)) Send a cpy f the instrument sent frm the insurance cmpany t the viatical settlement prvider that acknwledges the viatr s interest in the plicy; and (007.06C) A prvisin that apprtins the premiums t be paid by the viatical settlement prvider and the viatr. It is permissible fr the viatical settlement cntract t specify that all premiums shall be paid by the viatical settlement prvider. The cntract may als require that the viatr reimburse the viatical settlement prvider fr the premiums attributable t the retained interest. (007.07) In all cases where the insured is a minr child, disclsures t and permissin f a parent satisfy the requirements f Neb. Rev. Stat and this regulatin Prhibited Practices (008.01) A viatical settlement prvider r viatical settlement brker shall btain frm a persn that is prvided with patient identifying infrmatin a signed affirmatin that the persn r entity will nt further divulge the infrmatin withut prcuring the express, written cnsent f the insured fr the disclsure. Ntwithstanding the freging, if a viatical settlement prvider, r viatical settlement brker is served with a subpena and, therefre, cmpelled t prduce recrds cntaining patient identifying infrmatin, it shall ntify the viatr and the insured in writing at their last knwn addresses within five (5) business days after receiving ntice f the subpena. (008.02) A viatical settlement prvider shall nt act als as a viatical settlement brker, whether entitled t cllect a fee directly r indirectly, in the same viatical settlement.

7 (008.03) A viatical settlement brker shall nt, withut the written agreement f the viatr btained prir t perfrming any services in cnnectin with a viatical settlement, seek r btain any cmpensatin frm the viatr. (008.04) A viatical settlement prvider shall nt use a lnger life expectancy than is reasnable in rder t reduce the pay-ut t the viatr Insurance Cmpany Practices (009.01) Life insurance cmpanies authrized t d business in this state shall respnd t a request fr verificatin f cverage frm a viatical settlement prvider r a viatical settlement brker within thirty (30) calendar days f the date a request is received, including the insurer s intent whether t pursue an additinal investigatin regarding pssible fraud r the validity f the insurance cntract, subject t the fllwing cnditins: (009.01A) (009.01B) A current authrizatin cnsistent with applicable law, signed by the plicywner r certificatehlder, accmpanies the request; In the case f an individual plicy r grup insurance cverage where details with respect t the certificate hlder s cverage are maintained by the insurer, submissin f a frm substantially similar t Appendix A, which has been cmpleted by the viatical settlement prvider r viatical settlement brker in accrdance with the instructins n the frm. (009.02) Nthing in this sectin shall prhibit a life insurance cmpany and a viatical settlement prvider r a viatical settlement brker frm using anther verificatin f cverage frm that has been mutually agreed upn in writing in advance f submissin f the request. (009.03) A life insurance cmpany may nt charge a fee fr respnding t a request fr infrmatin frm a viatical settlement prvider r viatical settlement brker in cmpliance with this sectin in excess f any usual and custmary charges t cntracthlders, certificatehlders r insureds fr similar services. (009.04) The life insurance cmpany may send an acknwledgement f receipt f the request fr verificatin f cverage t the plicywner r certificatehlder and, where the plicy wner r certificate wner is ther than the insured, t the insured. The acknwledgment may cntain a general descriptin f any accelerated death benefit that is available under a prvisin f r rider t the life insurance cntract.

8 010. Severability. If any sectin r prtin f a sectin f this chapter, r the applicability theref t any persn r circumstance, is held invalid by a curt, the remainder f this chapter, r the applicability f such prvisin t ther persns shall nt be affected thereby.

9 APPENDIX A VERIFICATION OF COVERAGE FOR LIFE INSURANCE POLICIES SUBMITTED TO: NAIC # Name f Insurance Cmpany POLICY NUMBER: SUBMITTED FROM: Name f Viatical Settlement Brker/Prvider ADDRESS: TELEPHONE NUMBER: CONTACT: TITLE: IF INFORMATION IS CORRECT, INSURER REPRESENTATIVE MAY PLACE A CHECKMARK IN THE BOX. OTHERWISE PROVIDE CORRECTED INFORMATION THROUGHOUT THIS FORM. AN ASTERISK INDICATES INFORMATION THE VIATICAL SETTLEMENT PROVIDER/BROKER MUST PROVIDE. POLICY OWNER S AND INSURED S INFORMATION Owner s name * This clumn t be cmpleted by Viatical Settlement Brker/Prvider This clumn t be used by Insurance Cmpany Address * City, state, ZIP cde * Tax ID r scial security * number Insured s name * Insured s date f birth * Secnd insured s name * (if applicable) Secnd insured s date f * birth (if applicable) I hereby cnsent by my signature belw t release f infrmatin requested by this frm by the insurance cmpany t the viatical settlement brker/prvider. Signature f plicy wner Date signed Frm VOC

10 IS THE POLICY IN FORCE? YES NO IF NO, SIGN, AND DATE ON PAGE 4 AND RETURN TO THE VIATICAL SETTLEMENT BROKER OR PROVIDER THAT SUBMITTED THE VERIFICATION OF COVERAGE. POLICY TYPE, RIDERS & OPTIONS: * TERM WHOLE LIFE UNIVERSAL LIFE VARIABLE LIFE If a questin is nt applicable t the type f plicy, write N/A in the clumn. Original issue date This clumn t be cmpleted by Viatical Settlement Brker/Prvider * This clumn t be used by Insurance Cmpany Maturity date f plicy State f issue Des the plicy have an irrevcable beneficiary? Is the plicy currently assigned? Was the plicy ever cnverted r reinstated? Is the plicy in the cntestability perid? Is the plicy in the suicide perid? Please list all riders and indicate if any are in the cntestable r suicide perid. * * * * * *

11 POLICY VALUES Plicy values as f (insert date) Current face amunt f plicy * Amunt f accumulated dividends Current face amunt f riders Amunt f any utstanding lans Amunt f utstanding interest n plicy lans Current net death benefit * Current accunt value * Current cash surrender value * Is plicy participating? * If yes, what is the current dividend ptin? * This clumn t be cmpleted by Viatical Settlement Brker/Prvider This clumn t be used by Insurance Cmpany PREMIUM INFORMATION This clumn t be cmpleted by Viatical Settlement Brker/Prvider Current payment mde * This clumn t be used by Insurance Cmpany Current mdal premium * Date last premium paid * Date next premium due * Current mnthly cst f insurance as f (insert date) Date f last cst f insurance deductin TO BE COMPLETED BY VIATICAL SETTLEMENT BROKER/PROVIDER The infrmatin submitted fr verificatin by the viatical settlement brker/prvider is crrect and accurate t the best f my knwledge and has been btained thrugh the plicy wner and/r insured. Signature Printed Name

12 TO BE COMPLETED BY INSURANCE COMPANY The infrmatin prvided by verificatin by the insurance cmpany is crrect and accurate t the best f my knwledge as f (date). Insurance cmpany: NAIC # Printed name: Title: Telephne number: Fax number: Signature: Please prvide infrmatin abut where the frms listed belw shuld be submitted fr prcessing. Name: Title: Cmpany Name: Mailing Address: City, State, ZIP: Overnight Address: City, State, ZIP: Telephne number: Fax number: Please prvide the frms checked belw: FORMS REQUEST Abslute Assignment/Change f Ownership/Viatical Assignment Change f Beneficiary Release f Irrevcable Beneficiary (if applicable) Waiver f Premium Claim Frm Disability Waiver f Premium Apprval Letter Release f Assignment Change f Death Benefit Optin Frm (if UL) Allcatin Change Frm (if Variable) Annual Reprt Current In Frce Illustratin

13 APPENDIX B Viatical Settlement Prvider s Name Viatical Settlement Prvider Reprt Nebraska Transactins Only Calendar year Viatical settlement prvider settlement number Cntract date purchased Ttal net death benefit ($) Age f insured at time f cntract Life expectancy at time f cntract. Net amunt paid t viatr ($) Plicy type: I r G Funding: F, P, I, T r RPT Surce f plicy: B, D, SM, P r O Cmmissin amunt ($) Name f surce f plicy Initials f Preparer: VSP 001

14 Viatical Settlement Prvider Reprt Nebraska Insureds Only Instructins 1. List the settlement number, case number r unique identifying number used t identify the specific viatical settlement transactin. 2. List the date the viatical settlement cntract was purchased by the prvider during the current calendar year, whether r nt the insured is still alive at the end f the calendar year. 3. List the net amunt (in dllars) being viaticated. 4. List the age (in years) f the persn insured by the plicy being viaticated, at the time f the viatical settlement cntract. 5. List the life expectancy (in mnths) f the insured individual at the time f the viatical settlement cntract. 6. List the net amunt (in dllars) paid t the viatr. 7. Identify whether the plicy was an individual plicy (I) r a grup plicy (G). 8. List the type f funding fr the transactin: F fr a licensed financial institutin (plicies cllateralized), P fr private (purchaser) funding, I fr internal funding, T fr trust, and RPT fr related prvider trust. 9. Indicate the purchase surce f the plicy. Use B fr viatical settlement brker, D fr direct frm the viatr, I fr insurance agent/prducer, SM fr a secndary market r viatical settlement prvider, P fr private (purchaser) funding r O fr ther. 10. List the amunt f cmmissins (in dllars) paid t viatr surce invlved in the transactin whether that be a viatical settlement brker, an insurance prducer r ther licensed entity authrized t be viatr surce. 11. List the name f the surce f the viatical settlement transactin. If it is a brker, prducer r ther licensee, name that persn; if it is direct, frm a relative, frm the crpratin f the insured r any ther entity that culd pssibly reveal the insured, designate by writing Direct, Relative, Crpratin, r ther nndesignating wrd. VSP 001 Instructins Initials f preparer:

15 APPENDIX C Viatical Settlement Prvider s Name Individual Mrtality Reprt Nebraska Insureds Only Calendar year Viatical settlement prvider s settlement number Cntract date Age f insured at time f cntract Life expectancy at time f cntract Net amunt paid t viatr Date f death Ttal premiums paid t maintain plicy Death benefit cllected Number f mnths between date f cntract and date f death Number f mnths between life expectancy at cntract date and date f death (+ / -) Cmpleted by Viatical Settlement Prviders Initials f preparer: VSP 002 Individual Mrtality Reprt Nebraska Insureds Only Instructins

16 1. List the settlement number, case number, r unique identifying number used t identify the specific viatical settlement transactin. 2. List the date f the viatical settlement cntract. 3. List the age f the insured at the time f the cntract. 4. List the life expectancy (in mnths) f the insured individual at the time f the viatical settlement cntract. Fr first t die plicies, use the shrtest life expectancy f the tw lives. Fr secnd t die plicies, use the lngest life expectancy f the tw lives. 5. List the Net amunt paid t the viatr. 6. Indicate the insured s date f death. Fr first t die plicies, use the date f the first insured s death. Fr secnd t die plicies, use the date f the last insured s death. 7. List the ttal amunt f premiums (in dllars) required t be paid t the insurer t maintain the plicy frm the date f viaticatin t the date f death. 8. List the ttal death benefit cllected frm the insurer. 9. List the number f mnths between the date f cntract and the insured s date f death. 10. List the number f mnths between the life expectancy f the insured at the time f cntract and the insured s date f death. This shuld be nted as a plus (+) figure if the insured died after the estimated life expectancy r a minus (-) if the insured died prir t the estimated life expectancy. VSP 002 Instructins Initials f preparer:

17 APPENDIX D Viatical Settlement Prvider Certificatin Frm This sectin shuld be cmpleted by viatical settlement prviders. Please check all frms submitted: Viatical Settlement Prvider Reprting Frm - Nebraska Viatrs Only (VSP 001) Individual Mrtality Reprt - Nebraska Insureds Only (VSP 002) I hereby certify that the infrmatin cntained in the reprts indicated abve is true and accurate. I acknwledge that prviding false and misleading infrmatin in the reprts, r failing t divulge a fact material theret, is sufficient grunds fr administrative actin by the cmmissiner and ptentially, applicable criminal penalties. Signature f individual that prepared reprts Print r type name Signature f Authrized Representative Print r type name Date: / / Date: / / VSP 003